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Kenyan Supreme Court rules LGBTQ, intersex group can register as NGO

Former NGLHRC executive director brought case in 2013

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Kenyan flag (Photo by rarrarorro/Bigstock)

The Kenyan Supreme Court on Friday in a 3-2 ruling said an LGBTQ and intersex rights group must be allowed to register as a non-governmental organization.

Eric Gitari, the former executive director of the National Gay and Lesbian Human Rights Commission, in 2013 challenged the Kenya NGO Coordination Board’s decision not to allow him to register the NGLHRC as an NGO because it contained the words “gay” or “lesbian.”

The Kenyan High Court and the country’s Court of Appeal ruled in Gitari’s favor in 2015 and 2019 respectively.

“The court was of the view that the appellant’s decision was discriminatory and that it would be unconstitutional to limit the right to associate, through denial of registration of an association, purely on the basis of the sexual orientation of the applicants,” reads the ruling. “The court noted that by refusing to register the NGO, the persons were convicted before they contravened the law. The court however pointed out that all persons, whether heterosexual, lesbian, gay, intersex or otherwise, will be subject to sanctions if they contravene existing laws, including Sections 162, 163 and 165 of the Penal Code.”

NGLCC in a tweet described the ruling as a “victory for Kenya’s LGBTIQ+ community.”

“The Supreme Court’s decision to uphold the lower courtsā€™ rulings is a triumph for justice and human rights,” said NGLHRC Executive Director Njeri Gateru in a press release the Human Dignity Trust, a London-based human rights group, issued. “At a time where the Kenyan LGBTIQ+ community is decrying the increased targeting and violence; this decision affirms the spirit and intention of the Constitution to protect all Kenyans and guarantee their rights.”

Kenya is among the countries in which consensual same-sex sexual relations remain criminalized.

The Washington Blade earlier this month reported the Kenyan government is cracking down on foreign books with gay content that it feels targets teenagers. Discrimination based on sexual orientation and gender identity remains commonplace, but the country’s law that extended legal recognition and protections to intersex people took effect last summer. Kenya, according to the U.N. Refugee Agency, is the only country in the region that offers asylum to those who are fleeing anti-LGBTQ persecution.

The Supreme Court issued its ruling on the same day U.S. first lady Jill Biden arrived in Nairobi, the Kenyan capital. 

President Joe Biden in 2021 signed a memo that committed the U.S. to the promotion of LGBTQ and intersex rights abroad as part of his administration’s overall foreign policy. State Department spokesperson Ned Price, who is openly gay, in a previous interview with the Blade noted the decriminalization of consensual same-sex sexual relations is a priority under this directive.

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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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(Image by rarrarorro/Bigstock)

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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(Image by rarrarorro/Bigstock)

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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