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U.S. ambassador to Kenya: Every country must make ‘own decisions’ about LGBTQ rights

Meg Whitman’s March 3 comments raised eyebrows

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U.S. Ambassador to Kenya Meg Whitman (Screen capture via Citizen Kenya TV/YouTube)

U.S. Ambassador to Kenya Meg Whitman earlier this month said every country “has to make their own decisions about” LGBTQ and intersex rights.

“Every country has to make their own decisions about LGBTQ rights,” she said on March 3 while speaking to reporters in Kenya’s Kajiado County. “In the United States we probably have a different position, which is we view LBTQ rights as human rights, but we respect every country’s point of view on what position they want to take on this and we will respect that, but of course our democratic values and the way we feel is different and that’s okay.”

“Countries have differences,” added Whitman. “We have a very strong working relationship over many years and I think the Kenyan government probably knows the U.S. perspective, in fact I know they do, but we also respect Kenya’s right over this particular issue.”

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

The Kenyan Supreme Court on Feb. 24Ā ruledĀ the National Gay and Lesbian Human Rights Commission, an LGBTQ and intersex rights group, must be allowed to register as a non-governmental organization. The country’s groundbreaking intersex rights lawĀ took effectĀ last July.

President William Ruto last September told CNN’s Christiane Amanpour before he took office that LGBTQ and intersex rights are “not a big issue” in his country. His government last month began to crack down on foreign books with gay content that it feels targets teenagers.

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy. 

First lady Jill Biden on Feb. 25 spoke with young people about condoms, contraception and safer sex practices during her visit to the Shujaaz Konnect Festival in Nairobi, the Kenyan capital. Whitman on March 3 told reporters the $123,124,278.40 (16 billion Kenyan shillings) in aid the U.S. has given to Kenya for food and drought relief is not connected to the country’s LGBTQ and intersex rights policies.

“I want to underscore there is absolutely no linkage at all between that food and drought relief and Kenya’s stance on LGBTQ,” said Whitman.

A State Department spokesperson on Monday in a statement to the Washington Blade said “our position on the human rights of LGBTQI+ persons is clear. Human rights are universal.”

“A personā€™s ability to exercise their rights should never be limited based on sexual orientation, gender identity or expression, or sex characteristics,” said the spokesperson. “Governments should protect and promote respect for human rights for each and every human being, without discrimination, and they should abide by their human rights obligations and commitments.”

Whitman on Monday in a tweet reiterated this point. She also said she met with LGBTQ and intersex activists.

“Over the past week my team and I met with the LGBTQI+ community and stakeholders to support human rights of LGBTQI+ persons,” tweeted Whitman. “The U.S. proudly advances efforts to protect LGBTQI+ persons from discrimination and violence and will continue to stand up for human rights and equality.”

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Uganda

Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

Torture took place in 2020 during COVID-19 lockdown

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(Image by rarrarorro/Bigstock)

A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.

The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”

“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”

The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.

“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.

The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”

Consensual same-sex sexual relations remain criminalized in Uganda.

President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for ā€œaggravated homosexuality.ā€ LGBTQ activists continue to challenge the law.

Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”

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Nigeria

Four men accused of homosexuality beaten, chased out of Nigerian city

Incident took place in Benin City on Nov. 17

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(Bigstock photo)

Four young men have been beaten and chased out of a Nigerian city after they were found engaging in consensual same-sex sexual activity.

An angry mob paraded the four men, who were only wearing boxing shorts, down Nomayo Street in Benin City, the capital of Edo state, on Nov. 17. One of them had a visible deep cut on his forehead as a result of the beating.

The mob threatened to kill them if they were to return to the city. It also questioned why they were ā€œintoā€ homosexuality when there were many women in the area.

Samson Mikel, a Nigerian LGBTQ activist, said the attack was misdirected anger.

“Benin City is one of the backward places in Nigeria and a dorm for scammers and other crimes, the people are proud of their roughness, they are never concerned about these other crimes or how the government is impoverishing them, but will light gay men on fire the moment they think,” said Mikel. “All they want is to live and experience love. They are not the cause of the economic meltdown in the country, neither are they the reason why there are no jobs in the streets of Nigeria.”

Attacks like the one that happened in Benin City have been happening across Nigeria ā€” the latest took place in Port Harcourt in Rivers state last month.

Section 214 of the Criminal Code Act on Unnatural Offenses says any person who has ā€œcarnal knowledge of any person against the order of nature, or has carnal knowledge of an animal, or permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felonyā€ and could face up to 14 years in prison.

Several LGBTQ people and activists have been arrested under Section 214.

In some cases they are murdered with law enforcement officials showing little to no interest in investigating, such as the case of Area Mama, a popular cross-dresser whose body was found along the Katampe-Mabushi Expressway in Abuja, the Nigerian capital, in August.

The Initiative for Equal Rights, a Nigerian advocacy group, said the federal government should take concrete steps to protect the rights of all Nigerians.

“For many, especially LGBTQIA+ individuals, women, and those within the Sexual Orientation Gender Identity, Expression and Sexual Characteristics (SOGIESC), community, freedom remains a distant goal. Discrimination, violence and human rights violations are daily realities,ā€ said TIERs Nigeria. ā€œDespite the progress we have made, the journey towards justice is long, but our voices remain unwavering.ā€

TIERs Nigeria also called upon the federal government to repeal the Same Sex Marriage (Prohibition) Act 2014, to respond to the African Commissionā€™s recommendation to review laws that criminalize rights of assembly and association, and to enact laws and policies that discourage hate speech and other actions that incite discrimination against LGBTQ people.

Many Nigerians vehemently oppose public discussions about LGBTQ-specific issues because of religious and cultural beliefs.

A number of local and international human rights organizations have advised the federal government to prioritize the rights of everyone in Nigeria, including those who identify as LGBTQ. There is, however, little hope that Nigerian officials will do this anytime soon.

Consensual same-sex sexual relations remain punishable by death in states with Sharia law. Those who advocate for LGBTQ rights in these areas could also face a similar fate.

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Kenya

Kenyan advocacy group uses social initiatives to fight homophobia

INEND made donations to sports teams, launched comic book

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The Initiative for Equality and Non-Discrimination has created a comic

A Kenyan queer rights organization has launched a social support initiative to fight endemic homophobic stigma and discrimination in the country.

The Initiative for Equality and Non-Discrimination, which has been training judicial officers on LGBTQ rights, is using sports and other social activities to educate the public against anti-queer discrimination.

The Mombasa-based INEND, through its ā€œAdvocacy Mtaaniā€ or ā€œAdvocacy at the Grassrootsā€ campaign, last month donated soccer jerseys, balls, goalpost nets, and other sporting items to local teams. It also used the platform to educate beneficiaries and the community-at-large on queer rights issues.

The donations followed another one to ā€œboda bodaā€ or ā€œpublic motorbike ridersā€ on Oct. 29. The Mombasa group received umbrellas to shield drivers and passengers alike from the sun and rain.

ā€œWe distributed umbrellas in various ā€˜boda bodaā€™ stages to equip not only the operators but also to spread the message of inclusion and violence prevention in our endeavor to have the operators become human rights champions in the society,ā€ INEND, headed by Executive Director Essy Adhiambo, stated.     

INEND has also launched a comic strip, ā€œDavii and Oti,ā€ which tells a story about Pride and allyship.

The comic strip series has heterosexual, nonbinary, gay, and lesbian characters to help explore myriad socio-cultural and economic problems that include discrimination and violence that queer people experience in their families, workplaces, social gatherings, and other settings.

ā€œThis awesome queer comic focuses on what is often misused as an argument against the LGBTQ+ community in Kenya; family values, African culture, and traditions,ā€ INEND stated.   

The comic strip, which advocates for inclusivity and nondiscrimination based on oneā€™s sex orientation and gender identity, also educates queer people about self-acceptance, resilience, and thriving through economic empowerment. Ā 

INEND has also come up with regional human rights advocacy trainings that focus on misinformation, disinformation, and digital rights. These workshops target women, queer people, and other marginalized groups.

The organization, for example, last month trained groups of women leaders and queer people in the coastal counties of Mombasa and Kilifi. Another one took place in the western county of Busia, which borders Uganda.

ā€œThese trainings come in a critical moment when we have witnessed an uptick in online gender-based violence especially towards LGBTQ+ folks,ā€ INEND noted. 

The trainings aimed at creating safe digital spaces for ā€œstructurally silenced women and queer personsā€ are conducted through a partnership between INEND and two global organizations: Access Now, which defends the digital rights of people and communities at risk, and the Association for Progressive Communications, which supports the use of internet and information and communication technology for social justice and sustainable development.   

INEND, after unveiling a judicial guidebook last October to help judges better protect queer peopleā€™s rights, has intensified regional training for judicial officers across the country. The organization this month, through its ā€œAccess to Justiceā€ initiative, trained judicial officers in Kisumu, Kenyaā€™s third largest city, and in the North Rift region and Kilifi. 

The two-day training that began on Nov. 5 focused on making judicial officers more sensitive to queer people and showing empathy towards sexual and gender minority groups in order to realize a ā€œfairer and more inclusive legal systemā€ that upholds the dignity of all.Ā 

The training followed INENDā€™s launch of a new report in July titled ā€œTransforming Perceptionsā€ that accesses the impact of their sensitization engagements with 53 judges and magistrates in 2022 on queer rights protection. 

ā€œThe results offered a glimpse of hope for a more inclusive justice system,ā€ the report states. ā€œOver 70 percent of judicial officers surveyed after the training acknowledged that existing laws, like Sections 162, 163, and 165 of the penal code which criminalize consensual same-sex intimacy negatively influence societal views of LGBTQ+ Individuals.ā€ 

The report also notes that 80 percent of the judicial officers trained on queer rights issues indicated they would either be comfortable or indifferent living next to a queer person

Pema Kenya is another local advocacy group that is working to make judicial officers more sensitive to queer people when they handle their cases.

The group in September held a two-day training on gender and sexuality issues for members of the Judicial Service Commission, a top governing body of Kenyaā€™s judiciary.

ā€œThis initiative aims to equip key stakeholders within the judicial framework with vital knowledge and skills to handle cases related to gender and sexuality with empathy, understanding, and professionalism,ā€ Pema Kenya stated

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