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Africa

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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Senegal

Senegalese court issues first conviction under new anti-LGBTQ law

Man sentenced to six years in prison on April 10

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(Bigstock photo)

A Senegalese court has issued the first conviction under a new law that further criminalizes consensual same-sex sexual relations.

The Associated Press notes the court in Pikine-Guédiawaye, a suburb of Dakar, the Senegalese capital, on April 10 convicted a 24-year-old man of committing “acts against nature and public indecency” and sentenced him to six years in prison.

Authorities arrested the man, who Senegalese media reports identified as Mbaye Diouf, earlier this month. The court also fined him 2 million CFA ($3,591.04).

Lawmakers in the African country on March 11 nearly unanimously passed the measure that increases the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The bill that Prime Minister Ousmane Sonko introduced also prohibits the “promotion” or “financing” of homosexuality in Senegal.

MassResistance, an anti-LGBTQ group based in the U.S., reportedly worked with Senegalese groups to advance the bill that President Bassirou Diomaye Faye signed on March 31.

“This prison sentence is unlawful under international law,” said Human Rights Watch on Wednesday. “Senegal is bound by treaty obligations that protect every person’s right to dignity, privacy, and equality.”

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Eswatini

The emperor has no clothes: how rhetoric fuels repression in Eswatini

King Mswati III’s anti-LGBTQ comments can have deadly consequences

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King Mswati III (Screen capture via Eswatini TV/YouTube)

In an absolute monarchy, the words spoken by the sovereign can swiftly become a baton striking a citizen. When King Mswati III speaks, his words do not simply drift into the air as political “opinion”; they often quickly turn into, sometimes violently, state policy. This reflects the reality of Eswatini, where the right to freedom of expression, including the right to hold dissenting political views, is increasingly being systematically eroded by the very voice that claims to uphold “traditional values.”

To understand the current crisis facing the LGBTIQ+ community in Eswatini, one must view it through the lens of a broader strategy: the weaponization of culture to justify the erosion of democratic institutions, the rule of law, and human rights protections. As observed across Africa, from the streets of Harare and Dar es Salaam to the parliamentary courtrooms of Dakar and Kampala, African leaders are increasingly using the marginalised as an entry point to dismantle civil society. In Eswatini, this strategy has manifest its most brutal expression in the king’s recent harmful rhetoric concerning sexual orientation and gender identity.

The danger of the king’s words lies in how the state apparatus interprets them as a divine mandate for persecution. Recently, we have seen this “Rhetoric-to-Policy Pipeline” operate with chilling efficiency. Shortly after the Minister of Education made public vitriol against the existence of LGBTIQ+ students, reports emerged of children being expelled from schools. In a country where the king is culturally and traditionally called the “ingwenyama” (the lion), the bureaucracy acts as his pride; when leadership suggests that a particular group is “un-African” or “deviant,” the machinery of the state, along with the emboldened segments of the public, moves to purge that group from society.

For an openly gay man who has dedicated most of his adulthood to advancing equality and dignity for all, especially marginalized communities, these are not merely policy changes; they pose existential threats. When a powerful leader speaks, they offer a moral shield for the dogmatist and a legal roadmap for the policeman. In Eswatini, where political parties are banned, and the “tinkhundla” system (constituency-based system) — a system that systematically silences dissent and favors those aligned with the sovereign — is celebrated as the sole “authentic” form of governance, any identity that falls outside the narrow, state-defined “tradition” is seen as treason. By branding LGBTIQ+ rights as “ungodly” and essentially unwelcome in Eswatini, the monarchy effectively views the mere existence of queer Swazis as a subversive act against the crown.

The most harrowing example of this pattern is the assassination of human rights lawyer Thulani Maseko in January 2023. Maseko’s murder did not happen in isolation. It followed a period of heated rhetoric directed at those calling for democratic reforms. The king had publicly warned those demanding change that they would face consequences. On the evening after the king had said, “[t]hese people started the violence first, but when the state institutes a crackdown on them for their actions, they make a lot of noise blaming King Mswati for bringing in mercenaries,” Maseko was shot dead at his home in front of his family.

The parallel here is unmistakable. When the king targets the LGBTIQ+ community with his words, he is aiming at the most vulnerable. If a world-renowned human rights lawyer can be silenced following royal condemnation, what chance does a queer youth in a rural area stand when the king’s words reach the local chief or school head? This is what I call “Chaos as Governance”: a state where the law is replaced by the monarch’s whims, leaving the population in a constant cycle of managed chaos that renders collective opposition nearly impossible. Despite strong condemnation from the organization I founded, Eswatini Sexual and Gender Minorities (ESGM), recent reports already suggest growing support for the rhetoric shared by the king, indicating treacherous weeks and months ahead for ordinary queer people in Eswatini.  

The monarchy’s defense of these actions is almost always based on “African tradition.” As Mswati has shown, the ban on political parties and the suppression of minority rights are framed as a return to indigenous governance, the “tinkhundla” system. But we must ask: whose culture is being defended? Is it a culture that historically valued communal care and diverse social roles, or is it a modern, imported authoritarianism cloaked in the robes of the ancestors?

When he uses his platform at the “sibaya” (traditional gathering) to alienate a segment of his own people, he is not engaging in dialogue; he is delivering a monologue of exclusion. This weaponized version of culture serves a dual purpose. First, it offers a “neocolonial” defense against international criticism, portraying human rights as a foreign threat. Second, it creates an internal enemy, the “terrorist” political dissident or the “immoral” LGBTIQ+ person, to distract from the fact that nearly two-thirds of the population live below the poverty line. In contrast, the royal family resides in obscene luxury, acquiring fleets of expensive vehicles.

The silence of Eswatini’s neighbors worsens its situation. The Southern African Development Community (SADC), a regional organization ostensibly committed to democracy and human rights, has repeatedly allowed Mswati to evade accountability. By agreeing to remove Eswatini from the Organ Troika agenda at the king’s request in 2024, SADC sent a message to every authoritarian in the region. If you conceal your repression behind the guise of tradition, we will not intervene.

The call for freedom of expression, including LGBTIQ+ rights, is a fundamental human right vital for safety and dignity. It demands that a child should not be expelled from school because of who they are. It insists that a lawyer should not be murdered for expressing their beliefs. It states that a king’s word should not be a death sentence. We must resist the “politics of distraction” that portrays the fight for minority rights as separate from the fight for democratic reform. The dissolution of political parties in Burkina Faso, the attack on lawyers in Zimbabwe, and the criminalization of advocacy in Senegal, Tanzania, and Uganda are all parts of the same pattern. They reflect a leadership class that fears its own people.

It is time for the African Union and SADC to decide whether to uphold the ideals of their lofty charters or to prioritize political convenience across Africa. For the people of Eswatini, improving livelihoods and human development can only occur when the king’s words are limited by a constitution that protects every citizen, regardless of whom they love or how they pray. Until then, the chaos is not a failure; it is the purpose. The monarch’s word may be law today, but the universal right to dignity is the only law that will endure. We must demand an Eswatini, and by extension, an Africa that seeks to improve the lives of its people, and where the “lion” protects all his people, rather than hunting those he deems “unworthy” of the shade.

Melusi Simelane is the founder and board chair of Eswatini Sexual and Gender Minorities. He is also the Civic Rights Program Manager for the Southern Africa Litigation Center.

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Kenya

Kenyan advocacy groups launch LGBTQ voter mobilization campaign

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Kenyan flag (Photo by rarrarorro/Bigstock)

As Kenya prepares for next year’s August general election, local queer rights groups have joined Gen Zers in also mobilizing their members to register as voters. 

The groups’ drive began ahead of the electoral commission’s official launch of a one-month nationwide mass voter registration on March 30, targeting 6.5 million new voters to bring the total to more than 28 million. 

The groups — led by the Initiative for Equality and Non-Discrimination (INEND) and Galck+ — note that politics is not optional, but rather it is “our responsibility” to use the ballot to put an end to bad leadership and discriminatory laws against them. 

“Voting is one of the most powerful ways we exercise our autonomy and remind the State that our human rights are not ‘Western imports’; our struggles for housing, employment, safety, and dignity are fundamentally Kenyan issues,” INEND states. 

It reminds queer individuals that the nation entrusts them with an identity card at age 18 as a recognition of their ability to make decisions, follow laws, and take responsibility for the country’s future. 

INEND also notes that despite this honor, LGBTQ people get kicked out of their homes due to homophobia, are discriminated against at work, and face violence in public places due to the punitive laws that the same State legislates. 

“As queer Kenyans, our vote matters,” INEND states. “Our voice belongs in the democratic and governance conversations, and true democracy includes everyone.”

Some voter mobilization initiatives the queer lobby groups have been using include ‘Queering the Ballot’ Podcasts on civic participation, dubbed ‘Your Vote is Your Future’. The topics explored include how laws shape their lives, the relationship between lived experiences of common citizens, discrimination fatigue, distrust in government systems, and voter apathy. 

The groups through the mobilization drive hope to create a queer voting bloc to actively participate in restructuring and reconstructing the existing governance system they argue has been a problem for them. They maintain the queer community navigates a system that was not built for them from its questioning of their right to exist, yet the Kenyan Constitution clearly states that no citizen should be discriminated against based on sexual orientation or gender identity.   

The Court of Appeal next month will hear a case challenging the constitutionality of provisions in Kenya’s Penal Code that criminalize consensual same-sex relationships among adults. The appeals court postponed the case after adjourning on Feb. 4, its first substantive hearing since the High Court judgement in 2019. 

“Change requires more than pointing fingers. It requires reflection, action, and showing up, especially at the ballot box as LGBTQ Kenyan citizens and declaring that this is our country, our business, and we can no longer watch from the sidelines,” INEND states. 

The group notes that they want a governance system that embraces queer people as they go about their daily lives without any form of homophobic discrimination, harassment, or arrests. Queer people are therefore urged to pick the right leaders who listen to them in Kenya’s six elective positions, from the president down to the local government representatives, as their decisions while in power affect them. 

“It is very irresponsible for any human being, even around the world, to assume that they don’t have political responsibility. It is easy and sounds fancy to say ‘I don’t like politics,’ but it does not make one good as it makes one abandon their political responsibility as a citizen,” INEND states.

The groups are also concerned with the existing homophobia among Kenyans, especially whenever they join them in street protests against the government’s punitive measures or advocating for change. However, they maintain that the LGBTQ community won’t be left behind despite being marginalized in society, yet they are the most affected group when the government raids people’s pockets for taxes.      

“Now we are moving from the margins to the centre of this political conversation early enough to ensure that our community sees the sense because if we live in a country that doesn’t work, we will be the most affected,” INEND states. 

INEND, with the National Gay and Lesbian Human Rights Commission and Galck+, last November launched the second Queering the Ballot Campaign and the 2024 Situation Report on queer participation in Kenya’s democracy. 

The report surveyed 14 of the country’s 47 local governments, whose key findings affirm that queer Kenyans are not outsiders to democracy but its heartbeat.   

“The title ‘Our Vote, Our Future: LGBTQ+ Inclusion in Democratic and Governance Processes’ in Kenya is an ode to the spirit of the queer movement in Kenya; unshaken in the face of adversity, determined in its pursuit of justice, and unrelenting in demand to be seen, heard and counted in democratic and political processes,” reads the report forwarded by former Chief Justice Willy Mutunga.         

The report calls on Parliament, the Independent Electoral and Boundaries Commission, the County Assemblies, and every Kenyan to make inclusion not symbolic but systemic. 

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