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Pan Africa ILGA urges authorities to investigate anti-LGBTQ, anti-intersex murders

Sheila Lumumba’s death in Kenya in April among cases cited

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(Photo by NASA)

Pan Africa ILGA once again urged authorities across the continent to investigate the murders of LGBTQ and intersex people and to work to reduce violence based on sexual orientation and gender identity.

The organization ā€” which comprises 268 groups that work for LGBTQ and intersex rights across Africa ā€” in a report it issued in July noted a number of high profile murders that have taken place this year. They include Sheila Lumumba, a 25-year-old Kenyan woman who was murdered in April, Pinky Shongwe, a 32-year-old South African who was stabbed to death in March, and Obisike Donald Ibe, a 31-year-old doctor in Nigeria who was slain in January.

Lumumba, a lesbian who was reportedly targeted because of her sexual orientation, was raped before her murder. A South African court in April sentenced two men to life in prison for raping a 19-year-old lesbian woman in 2020

“LGBTIQ+ persons deserve to thrive without fear of being persecuted,” said Pan Africa ILGA Executive Director Nate Brown. “The recent murder of Sheila in Kenya reflects the realities of the LGBTIQ+ community in Africa. It bears mentioning that unfortunately, these are not isolated incidents. They are part of a pattern of attacks, violence and murders against LGBTIQ+ persons across the continent.” 

Pan Africa ILGA board co-chairs Star Rugori and Barbra Wangere at the same time said the organization is in the process of developing a crisis reporting center that will document human rights violations against LGBTQ and intersex people in Africa and advocate for increased protections and respect for them.

“The inhumane violations and slaughter of LGBTIQ+ persons should prompt thorough investigations, aimed at prosecuting those responsible,” said Rugori and Wangere in a joint statement. “Government needs to protect activists and the greater LGBTIQ+ community and to call a halt to the impunity that links this chain of vicious murders. LGBTIQ+ lives matter and should be protected at all costs just like the rest of our African citizens.”

Bishop Sithembele Sipuka of the Catholic Diocese of Mthatha in South Africa during an interview with the Catholic Information Service for Africa said people who identify as LGBTQ or intersex should be treated with dignity.

“The most we can do, for now, is to grapple with it, to try and understand, and to see how to continue treating these people with the dignity that they have because, despite their sexual orientation, they are still children of God, they have the same dignity,” said Sipuka. “I have known people, credible people, authentic people who are gay or lesbian, very intelligent, very integral people, very committed people, very loving people, and so it is difficult to say that thereā€™s something wrong with this one, you know because some of them really are in terms of integrity full of admiration, the way they are as a person that is difficult for me to condemn them, and say that there is something wrong with them.”

Sipuka also touched the issue of marriage equality, which is usually a catalyst for homophobic statements.

“The process and teaching of the church so far is still that marriage is between a man and a woman, but on the other hand, it does not mean at all that we should despise or think of people who are gay and lesbian as any less than heterosexual people,” said Sipuka. 

I cannot say you can go ahead and get married because I donā€™t have the mandate to do that. I do things on the mandate of the church. I am open to hearing more on how pastorally to deal with this matter. I am also open for it to be discussed theologically. In the end, the teachings about the church are always about love even exactly everything that they touch is about love,” added Sipuka.

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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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Africa

Congolese lawmaker introduces anti-homosexuality bill

Constant Mutamba’s measure seen as distraction from country’s problems

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Congolese MP Constant Mutamba (Photo courtesy of Mutamba's X account)

A member of the Democratic Republic of Congo’s National Assembly who is a leader of the country’s opposition party has introduced a bill that would criminalize LGBTQ people.

Part of the bill that Constant Mutamba, leader of the Dynamic Progressive Revolutionary Opposition platform, has put forth states anyone who “commits a homosexual act (including acts and gestures) will be liable to a 5- or 10-year prison sentence.”

The country in recent years has seen government leaders and civic society target the community with anti-LGBTQ sentiments.

The Superior Council for Audiovisual and Communication, Media Regulatory AuthorityĀ  last JuneĀ cautioned the media against showing LGBTQ-specific conversations. Several activists have criticized Mutamba’s bill, saying it seeks to move attention away from governance, service delivery and other pertinent issues in the country.

Sirius Tekasala, a human rights activist, said a person’s sexual orientation does not impact issues of governance.

“The proposed bill does not go in the direction of improving the socio-economic life of the Congolese people,” said Tekasala. “It’s not homosexuals who prevent you from doing your job well or from breathing. This is a violation of human rights.”

Mbuela Mbadu DieudonnƩ, a social analyst and trade unionist, said the bill is just a way of deviating people from the pertinent issues.

“He should suggest how to get the Congolese people out of this precariousness of life which is growing on a daily basis,” said DieudonnĆ©. “When we don’t know the real problems of the Congolese people, he sets himself up as the great director of scenes to distract the Congolese people.”

Many Congolese, however, seem to support the bill and have applauded Mutamba for drafting it.

This is not the first time that such kind of a bill has been drafted.

An anti-homosexuality bill introduced in 2010 would have sentenced people who engage in consensual same-sex sexual relations to between three and five years in prison. The measure, however, did not become law.

Mutamba’s bill, however, may pass with Uganda’s Anti-Homosexuality Act in effect. The country’s Constitutional Court earlier this month upheld it. Burundi, Tanzania and other neighboring countries are also considering similar measures.

Many Congolese people view LGBTQ rights as a Western phenomenon that disregards their religious and cultural beliefs. LGBTQ Congolese are among those who have fled the country and sought refuge in the Kakuma refugee camp in Kenya and other places.

Consensual same-sex sexual relations are not criminalized in the Democratic Republic of Congo, but Congolese law does not recognize same-sex marriages.

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Prominent transgender woman in Nigeria arrested, charged with defacing currency

Authorities say Idris Okuneye, known as Bobrisky, flaunted money

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Bobrisky's arrest has sparked concern among Nigerian activists. (Photos courtesy of Bobrisky's Facebook page)

Nigeria’s Economic and Financial Crimes Commission’s decision to arrest a well-known transgender woman over the practice of flaunting money has sparked questions among several human rights activists.

Idris Okuneye, who is known as Bobrisky, was first arrested last Wednesday.

Justice Abimbola Awogboro of the Lagos Federal High Court on April 5 charged her with four counts of mutilating N490,000 (roughly $375.)

The EFCC alleges Bobrinsky between last July and August flaunted N50,000 (roughly $36) during a social event and N400,000 ($306) at another gathering last month. Bobrinsky has been charged with violating section 21(1) of the Central Bank Act of 2007.

“The Lagos Zonal EFCC, on Friday, April 5, 2024, secured the conviction of Idris Okuneye, (Bobrisky), before Justice Abimbola Awogboro sitting at the Federal High Court, Ikoyi, Lagos over mutilation of the Naira notes,” reads the EFCC complaint that misgenders Bobrisky. “He was arraigned on Friday on a four-count charge bordering on mutilation of the Naira notes to the tune of N490,000.”

“Justice Awogboro, thereafter, ruled, that upon the admission of guilt by the defendant, and following the evidence tendered, the defendant is declared guilty as charged,” adds the statement.

The EFCC said after listening to both parties, Awogboro delayed his ruling and also ordered that Bobrisky remain in EFCC custody. Activist Felix Abayomi said the EFCC was simply using Bobrisky as a scapegoat due to the fact that she is a vulnerable member of the society.

“Discrimination in the name of implementing a pick and choose law! Why go after someone that is a vulnerable member of our society? Someone that is clearly dealing and coping with stigmatization of her lifestyle choices which is innate. Using her as a scapegoat is uncalled for,” said Abayomi. “How does spraying the Naira that is cultural to us as a people ever even become a financial crime? People who commit economic and financial crimes against us as a people and against our nation state are sitting comfortably in the hollows of our legislative chambers and power.”

Chidi Odinkalu, the former chair of the National Human Rights Commission, said the arrest was not about the mutilation of the Naira notes, but about Bobrisky’s gender identity.

“The EFCC should be ashamed of themselves,” said Odinkalu. “The power of arrest and prosecution is a public trust that should not be weaponized for the persecution of those whom they don’t like. It is either the EFCC is evidently idle or this is a clear abuse of power.” 

EFCC spokesperson Dele Oyewale said Odinkalu’s statements were reckless.

“The commission views such commentaries from Odinkalu as unbecoming of a former head of a major government agency,” said Oyewale. “Okuneye was arrested and arraigned by the commission on the basis of clear cases of abuse of the Naira to which he has pleaded guilty.”

“Odinkalu has a right to free speech as a Nigerian, but such a right should be exercised with decorum and responsibility,” added Oyewale. “The commission would not hesitate to take appropriate legal actions against such uncouth commentaries against its lawful mandate by anyone. Odinkalu is warned and advised to ventilate his rascally opinions more responsibly in future situations.” 

Bobrisky is one of the few individuals on the African continent who has publicly discussed their gender transition.

Ever since she started to publicly show her transition, several Nigerian political pundits have been calling for her arrest. There are no laws that specifically target trans Nigerians, but the Same-Sex Marriage Act criminalizes same-sex marriages and prohibits the public display of same-sex relationships with up to 14 years in prison.

In states where Sharia law is practiced, those found engaging in same-sex sexual activities can be sentenced to death by stoning. Even those who identify as trans can receive 50 lashes or more.

Update: Awogboro on Friday sentenced Bobrisky to six months in prison without the option of paying a fine. Reports indicate authorities will send her to a men’s prison.

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