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LGBTQ, intersex Ghanaians in limbo as lawmakers consider harsh ‘family values’ bill

Soldiers earlier this month raided gay party in Accra

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Ghanaian flag (Public domain photo by Jorono from Pixabay)

Ghana’s LGBTQ and intersex community is currently in limbo over whether the government will impose more harsh penalties upon those who identify as LGBTQ or intersex.

Parliamentarians in 2021 introduced the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that would fully criminalize LGBTQ and intersex people, along with advocacy groups and anyone who comes out in support of them.

The measure would criminalize cross-dressing, public affection between two people of the same sex, marriage among same-sex couples or the intent to marry someone who is the same sex. The bill would also prohibit corrective therapy or surgery for intersex people.

Any person or group seen as promoting identities or prohibited acts in the bill or campaigning in support of LGBTQ and intersex people would face up to 10 years in prison. Any person who does not report consensual same-sex sexual acts could also face charges.

A parliamentary committee is currently reviewing the measure, but LGBTQ and intersex Ghanaians continue to be victimized and assaulted under existing law that criminalizes consensual same-sex sexual relations.

Ghanaian soldiers earlier this month stormed a gay party in Accra, the Ghanaian capital, and assaulted two people who were attending it.

ā€œMilitary men stormed and disrupted a birthday party of alleged gay men in James Town, Accra. According to reports, some of the partygoers were injured and bled, following the military attack on the alleged LGBTQ+ persons at the party,” said Rightify Ghana, an LGBTQ and intersex rights group, in a statement. “We urge the authorities to investigate these incidents and hold those responsible accountable for their actions. The use of excessive force against civilians is never justifiable and only serves to create further division and mistrust.

“We stand in solidarity with the victims of these attacks and call on all Ghanaians to come together in support of peace and tolerance,” added Rightify Ghana. “Discrimination and violence have no place in our society, and we must all work together to create a safe and inclusive environment for all.ā€ 

Kwame Afrifa, CEO of Reflex Ghana, another LGBTQ and intersex rights group, said the Accra raid was not the first time such an event has happened. Afrifa said making the country’s armed forces more sensitive to LGBTQ and intersex rights would help curtal such incidents. 

ā€œThere have been a few cases I have heard of this year and in previous years such as the closing of the LGBT+ Rights Ghana safe space, the destroying of billboards belonging to LGBT+ Rights Ghana, the arrest of human rights activists which also happened somewhere last year amongst others I haven’t come across,” said Afrifa. “Nevertheless, sensitizing LGBT+ issues would help in abating the victimization as most people are ignorant of the laws of the land and try to abuse the rights of queer persons.”

Rightify Ghana said categorizing the existence of LGBTQ and intersex people and labeling consensual intimacy between people of the same sex as deviant is a legacy of colonialism.

ā€œThe Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 will continue to be a pattern of dehumanizing and silencing LGBTQ+ people, isolating them from support networks. It will also minimize, and even cover up, human rights violations,” said Rightify Ghana. “We therefore, recommend that the Committee on Constitutional, Legal and Parliamentary Affairs recommend that the Parliament of Ghana reject the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill in its entirety.”  

Ghana is among the dozens of countries in which consensual same-sex sexual relations remain criminalized.

The country is one of the 10 non-permanent U.N. Security Council members. A representative from Ghana on Monday during a meeting that U.S. Ambassador to the U.N. Linda Thomas-Greenfield hosted said the Security Council is not an appropriate venue to discuss LGBTQ and intersex rights.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Africa

Burundi’s president reiterates LGBTQ people should be stoned in a stadium

Ɖvariste Ndayishimiye first made comment last December

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Burundian President Ɖvariste Ndayishimiye (Screen capture via Gentil Gedeon Official YouTube)

Burundian President Ɖvariste Ndayishimiye on March 8 reiterated his call for LGBTQ people to be stoned in a stadium.

Ndayishimiye made the remark during the commemoration of the International Women’s Day in Gitega, the country’s political capital. He first called for the public stoning of LGBTQ people lastĀ December during a public event.

LGBTQ activists sharply criticized the comments and some international diplomats even threatened to cut economic ties with Burundi. Ndayishimiye, however, seems unmoved by this pushback and maintained that if it meant if his nation would cut economic ties with the developed countries on the basis of his anti-LGBTQ stance then so be it, reaffirming that nothing will change his stance.  

JĆ©sus Dior Kant, a gay man and LGBTQ activist from Burundi, said the president’s remarks are tantamount to publicly calling for the lynching of gay people.

“This violent and anti-LGBT+ rhetoric endangers the lives of many individuals in Burundi and stains the nation’s commitment to human rights,” said Kant. “Such discourse not only incites homophobia and violence but also violates international human rights laws and norms that protect individuals regardless of their sexual orientation or gender identity.”

Kant also said what Ndayishimiye said now poses a real and immediate threat for LGBTQ people in the country.

“The impact of this statement is not merely rhetorical, it poses a real and immediate threat to the safety and well-being of the LGBT+ community in Burundi,” said Kant. “It encourages hate crimes, promotes discrimination and undermines progress made towards equality and justice. This is not just a problem for the LGBT+ community but a stain on the moral fabric of our global society, reflecting on us all.”

Kant called for Ndayishimiye to immediately withdraw his remarks and commit to protecting the rights of LGBTQ people in the country.

“Your call to stone gay individuals constitutes a blatant violation of human rights and an incitement to violence and discrimination,” said Kant. “We implore you to take the necessary measures to withdraw your statement advocating violence against the LGBT+ community, commit to protecting LGBT+ individuals in Burundi by enforcing laws that guarantee rights and well-being and respecting international human rights conventions, ensuring that Burundi is a nation that respects and values every human life.” 

ClĆ©mentine de Montjoye, a researcher at Human Rights Watch’s Africa Division, said the anti-LGBTQ crackdown in Burundi could become worse, including continued political repression and restrictions on freedom of expression to maintain the governing partyā€™s control.Ā 

“This type of fearmongering is not new in Burundi, where sexual relations between people of the same sex have been illegal since former President Pierre Nkurunziza signed a new criminal code into law in 2009,” noted de Montjove. “The law was a fierce blow to Burundiā€™s LGBT people, who had begun to come out and organize, albeit in small numbers, to demand their rights be respected.”

De Montjove further noted the National Assemblyā€™s human rights commission added the anti-homosexuality provision in the 2009 criminal code at the last minute, apparently under pressure from Nkurunziza, who made statements on television that described homosexuality as a curse.

“Ndayishimiye, who presents himself as a progressive, rights-respecting leader, should be working to reverse this trend rather than stoking more fear and hatred,” said de Montjoye.

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Africa

Ugandan appeals court upholds ruling that blocked LGBTQ group from registering

Decision ‘doesn’t faze us’

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(Image by rarrarorro/Bigstock)

A Ugandan appeals court on Tuesday upheld a ruling that prevented an LGBTQ rights group from legally registering in the country.

The Uganda Registration Services Bureau in 2012 refused to legally recognize Sexual Minorities Uganda. The Uganda High Court upheld the decision in 2018, and SMUG appealed it to the country’s Registrar Court of Appeal.

“The LGBTQ community views this ruling as a missed opportunity to address the suppression of their freedom of association, instead focusing on perceived societal norms,” said SMUG in a press release. “It underscores a recurring trend in Ugandan courts, wherein rights of LGBTQ persons are marginalized, further widening the gap between legal protections and lived realities and experiences.”

Katie Hultquist of Outright International inĀ a post to her X accountĀ expressed her personal support for SMUG Executive Director Frank Mugisha, his organization and other activists in the country. Mugisha said SMUG is “fully committed to elevating this challenge to the next level.”Ā 

“After thorough debriefing, we will communicate our next strategic steps,” said Mugisha. “This ruling doesnā€™t faze us.”

The appeals court issued its ruling less than a year after President Yoweri Museveni signed the country’s Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.”

The Constitutional Court in December heard arguments in a lawsuit that challenges the law. It is not clear when a ruling will be issued.

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Africa

Prominent Angolan activist found dead in his home

Authorities say Carlos Fernandes showed signs he was strangled

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Carlos Fernandes (Photo courtesy of USAID Administrator Samantha Power's X account)

Authorities in Angola on Feb. 26 found a prominent activist dead in his home.

AssociaĆ§Ć£o ƍris Angola in a Facebook post wrote Carlos Fernandes, the group’s executive director, “was found lifeless in his residence” in Luanda, the country’s capital. Angolan media reports indicate authorities continue to investigate his death, but they suspect he was strangled.

His funeral took place on March 1. Activists throughout the country have organized candlelight vigils and other events to honor Fernandes.

“His departure leaves a huge void in our community and a deep mourning in our hearts,” said AssociaĆ§Ć£o ƍris Angola.

Angolan lawmakers in 2020 decriminalized consensual same-sex sexual relations and banned violence and discrimination based on sexual orientation in the former Portuguese colony. Fernandes was among the activists who championed these advances.

The State Department’s 2022 human rights report notes violence and discrimination based on sexual orientation and gender identity remains commonplace in Angola. Angolan media reports indicate Fernandes is the second LGBTQ person found dead with signs of strangulation in recent weeks.  

“Carlos Fernandes led the first LGBTQI+ group in Angola, and tirelessly advocated for human rights and ending the threat of HIV/AIDS,” said U.S. Agency for International Development Samantha Power in a March 6 post to her X account.

U.S. Ambassador to Angola and SĆ£o TomĆ© and PrĆ­ncipe Tulinabo Mushingi in a statement noted his embassy “was proud to partner with Mr. Fernandes over the past decade.”

“We are grateful for his important contributions to our programs supporting human rights, fighting against stigma and discrimination, expanding access to health and education resources for LGBTQI+ communities, combatting human trafficking and more,” said Mushingi. “In particular, his contributions to our PEPFAR (Presidentā€™s Emergency Plan for AIDS Relief) program expanded protection and treatment for HIV/AIDS to previously unreached communities.”

PEPFAR echoed these sentiments, noting Fernandes’ “contributions expanded protection and treatment for HIV/AIDS to previously unreached communities.”

“Carlos Fernandes is remembered as a resolute, strong, welcoming person,” said Mushingi. “As a true pioneer in the fight against discrimination, he created a family among the LGBTQI+ community in Angola, and his legacy as an activist will be carried on by generations of LGBTQI+ Angolans.”  

“We trust that the Angolan authorities will conduct a thorough investigation to ensure that any parties responsible are held accountable,” he added.

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