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Ugandan lawmakers approve new anti-homosexuality bill

Measure would ‘criminalize’ LGBTQ, intersex people

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Ugandan flag (Image by rarrarorro/Bigstock)

Ugandan lawmakers on Tuesday approved a bill that would further criminalize consensual same-sex sexual relations and LGBTQ and intersex people in the country.

The Associated Press reported nearly all Ugandan MPs voted for the 2023 Anti-Homosexuality Bill, which would punish the “promotion, recruitment and funding” of LGBTQ-specific activities in the country with up to 10 years in prison. 

Human Rights Watch notes “any person who ‘holds out as a lesbian, gay, transgender, a queer, or any other sexual or gender identity that is contrary to the binary categories of male and female'” would face up to 10 years in prison.

President Yoweri Museveni has said he supports the bill.

“We shall continue to fight this injustice,” tweeted Jacqueline Kasha Nabagesara, a Ugandan LGBTQ and intersex activist, after the bill’s passage. “This lesbian woman is Ugandan, even (though) this piece of paper will stop me from enjoying my country. (The) struggle (has) just begun.”

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

Museveni in 2014 signed the Anti-Homosexuality Act, which imposed a life sentence upon anyone found guilty of repeated same-sex sexual acts. The law was known as the “Kill the Gays” bill because it previously contained a death penalty provision.

The U.S. subsequently cut aid to Uganda and imposed a travel ban against officials who carried out human rights abuses. Uganda’s Constitutional Court later struck down the 2014 Anti-Homosexuality Act on a technicality.

“One of the most extreme features of this new bill is that it criminalizes people simply for being who they are as well as further infringing on the rights to privacy, and freedoms of expression and association that are already compromised in Uganda,” said Oryem Nyeko of Human Rights Watch in a press release that condemned the 2023 Anti-Homosexuality Act. “Ugandan politicians should focus on passing laws that protect vulnerable minorities and affirm fundamental rights and stop targeting LGBT people for political capital.”

Secretary of State Antony Blinken and State Department spokesperson Vedant Patel on Wednesday both criticized the bill.

“The Anti-Homosexuality Act passed by the Ugandan Parliament yesterday would undermine fundamental human rights of all Ugandans and could reverse gains in the fight against HIV/AIDS,” tweeted Blinken. “We urge the Ugandan government to strongly reconsider the implementation of this legislation.”

“We note with deep concern the Anti-Homosexuality Act passed by the Ugandan Parliament,” echoed Patel. “This bill could reverse gains in the fight against HIV/AIDS, discourage foreign investment, threaten tourism, and decrease visits of technical experts helping to advance Ugandan prosperity.”

U.N. High Commissioner for Human Rights Volker Türk in a statement described the bill’s passage as “devastating and deeply disturbing.”

“The passing of this discriminatory bill — probably among the worst of its kind in the world — is a deeply troubling development,” said Türk. “If signed into law by the president, it will render lesbian, gay and bisexual people in Uganda criminals simply for existing, for being who they are. It could provide carte blanche for the systematic violation of nearly all of their human rights and serve to incite people against each other.”

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South Africa

South Africa groups offer muted response to president’s pledge to protect LGBTQ rights

Cyril Ramaphosa gave State of the Nation speech on Feb. 6

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South African President Cyril Ramaphosa speaks with attendees at the African National Congress Party Rally on May 10, 2024 in Tshwane, South Africa (Photo courtesy of Ramaphosa's Facebook page)

Several South African advocacy groups say they are not moved by President Cyril Ramaphosa’s pledge to protect LGBTQ rights during the State of the Nation speech he delivered in Cape Town on Feb. 6.

“As South Africans, we stand for peace and justice, for equality and solidarity. We stand for non-racialism and democracy, for tolerance and compassion,” said Ramaphosa. “We stand for equal rights for women, for persons with disability and for members of the LGBTQI+ community.”

Even though the president made the proclamation, LGBTQ South Africans continue to face hate crimes that often end in the loss of life, despite laws that include the Preventing and Combating of Hate Crimes and Hate Speech and the prohibition of discrimination based on sexual orientation enshrined in the constitution.

In addition, U.S. President Donald Trump’s 90-day moratorium on nearly all American foreign aid has impacted several LGBTQ organizations in South Africa.

“The cut in funding has really made a negative impact towards the way we run the organization,” said Sibonelo Ncanana, civil society engagement officer for OUT LGBT Well-Being. “It’s more of a malfunction we are witnessing, so what the president said last Thursday has little relevance due to the ongoing predicament we are encountering.”

Bruce Walker, convenor of Pretoria Pride, said he appreciated Ramaphosa’s comments about the protection of LGBTQ rights, but added they were mere grandstanding.

“We really appreciate him saying this and it’s a good thing for an African leader to speak out about the rights of the LGBTI community. LGBTI rights are in our Bill of Rights and constitution,” said Walker. “However, the president’s utterances were just pure window dressing because the current government refuses to condemn the treatment of LGBTI communities in Africa, and are very quiet on the imprisonment and execution of LGBTI people in the world but fight and spend millions to condemn Israel.”

Iranti nevertheless said it expected the president to stay true to his word and ensure the rights of the LGBTQ community are protected as the country’s constitution outlines.

‘President Ramaphosa affirmed that he stands with members of the LGBTQIA+ community, a very important act as we witness a regression of LGBTQIA+ rights and the growth of anti-gender movements across the globe,” said Iranti. “We urge the president to follow up on this commitment, with concrete strategies and actions that will improve the lives of LGBTQIA+ people in South Africa.”

South Africa is the only African country that constitutionally recognizes LGBTQ rights. Many South Africans, however, do not recognize the LGBTQ community because of cultural and religious beliefs and the idea that homosexuality is a Western import.

The suspension of nearly all U.S. foreign aid has impacted the Uthingo Network, OUT LGBT Well-Being, Iranti, and other advocacy groups. Trump on Feb. 7 signed an executive order that limits American financial assistance to South Africa because of the Expropriation Act that Ramaphosa signed last month.

Though the Expropriation Act involves compensation, some of the land the government has deemed of public interest — for infrastructure projects, public service expansion, and environment conservation — can be expropriated without permission. Trump said the law violates South Africans’ rights.

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Kenya

Kenyan president defends Trump executive order on two genders

Advocacy groups criticized William Ruto’s Jan. 26 comments

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Kenyan President William Ruto speaks at joint press conference with then-President Joe Biden at the White House on May 23, 2024. (Livestream screen capture)

Kenyan President William Ruto is facing backlash for backing U.S. President Donald Trump’s executive order that recognizes only two genders: Male and female.

Ruto’s support for Trump’s decision to ban transgender people from serving in the U.S. military and competing on women’s sports teams has drawn criticism from human rights defenders, lawmakers, lawyers, and intersex activists.

Ruto’s critics cite Kenya’s 2022 landmark decision to officially recognize intersex people as the third gender with an “I” gender marker after years of court battles for recognition and their inclusion in a national Census for the first time in 2019.

“We are very proud that contrary to what has been happening in the past, this year we got some very welcoming developments in the United States that as a leading democracy, we have gotten to understand that the policy direction of the U.S. supports what we believe in,” Ruto stated during a Jan. 26 speech at the Global Cathedral Church’s annual convention in Nairobi. “Boys must remain boys, men must remain men, women must remain women and girls must remain girls.”

Ruto’s position to side with Trump on sex and gender identity contradicts his previous stance during the Biden-Harris administration when he was cautious about speaking about transgender and queer rights in order not to jeopardize his relationship with Washington.

Trump on Jan. 21 signed an executive order that directed the U.S. federal government to only recognize male and female genders. This directive revoked the Biden-era policy that recognized trans rights and allowed trans servicemembers.

Trump on Feb. 6 signed another executive order that bans trans athletes from competing on female sports teams

“The war on women’s sports is over,” he said.   

“We’re putting every school receiving taxpayer dollars on notice that if you let men take over women’s sports teams or invade your locker rooms, you will be investigated for violations of Title IX and risk your federal funding,” Trump warned. “From now on, women’s sports will be only for women.”

His executive order relies partly on the U.S. Justice Department’s authority to bring enforcement actions under Title IX, which bars sex discrimination in education and requires schools to offer girls an equal opportunity to play sports. The law, under Trump’s interpretation, forbids trans girls from playing in girls’ sports.

Trump in 2017 banned trans people from serving openly in the U.S. military.

“We thank God that this year the first very news from the U.S. in the new administration is to confirm what the Bible says, what our faith believes in, and what our tradition firmly is grounded on,” Ruto said in his speech.

The Kenya National Commission on Human Rights (KNCHR), a government-funded body, described Ruto’s comments as “embarrassing and unfortunate.”

“In Kenya, the law is very clear and the Children’s Act recognizes the intersex because they are unique persons as they have no issues based on sex identity or gender orientation,” said an intersex rights activist who asked the Washington Blade to remain anonymous. “His sentiments are likely to increase stigma against the intersex persons and if they are discriminated against, anyone will just go to court because they are also protected by the law.”

Esther Passaris, an opposition MP who represents Nairobi County, maintained there are not two sexes in Kenya.

“Let’s face it, we have intersex children with two or incomplete sexes. These children require our love as a society,” she said. “Let God deal with the genders.”

Since the recognition of intersex people, several policy measures to tackle discrimination have been implemented to ensure their protection and equal treatment. 

Kenya last week officially recognized intersex people at birth, allowing them to receive birth certificates with an “I” gender marker. The KNCHR described this decision as “a historic milestone” that aligns with the Kenyan constitution and other existing policy measures that include the Children Act and the proposed Intersex Persons Bill, 2024.

“This is a major step towards securing rights, dignity, and equal opportunities for all intersex persons in Kenya,” KNCHR stated.

KNCHR asked Kenyans, state, and non-state institutions to support awareness, policy reforms, and the inclusion of intersex people for the latest reform to be implemented successfully.

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Africa

Suspension of US aid forces PEPFAR-funded programs in Africa to close down

Funding freeze is ‘matter of life and death’

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(Bigstock photo)

The suspension of nearly all U.S. foreign aid has forced a number of programs that the President’s Emergency Plan for AIDS Relief funds in Africa to shut down.

Secretary of State Marco Rubio on Jan. 24 directed State Department personnel to stop nearly all U.S. foreign aid spending for 90 days in response to an executive order that President Donald Trump signed after his inauguration. Rubio later issued a waiver that allows PEPFAR and other “life-saving humanitarian assistance” programs to continue operating after bowing to pressure.

A message on the U.S. Agency for International Development’s website notes “all USAID direct hire personnel will be placed on administrative leave globally, with the exception of designated personnel responsible for mission-critical functions, core leadership, and specially designated programs.” The announcement is scheduled to take place on Friday at 11:59 p.m. ET.

One of the PEPFAR-funded healthcare programs in Kenya still impacted by the funding freeze, despite Rubio’s waiver, is the Fahari ya Jamii (“joy of the community” in Swahili) initiative that began in 2022. The University of Nairobi was jointly implementing the project.

The Sh4.2 billion ($32,558,139.52) project sought to coordinate and manage high quality, cost-effective, and accessible HIV services in Nairobi, neighboring Kajiado County, and other parts of Kenya. Fahari ya Jamii was scheduled to end in May 2026, but it has closed indefinitely because of a lack of U.S. funding.

More than 700 staff, mostly healthcare workers, on Jan. 31 were placed on unpaid leave for three months, or until Washington decides whether to unfreeze funding. More than 150 Fahari ya Jamii clinics that offer HIV treatment to at least 72,000 people on antiretroviral drugs have also shut down.

The initiative’s target groups include children, adolescents, and adults living with HIV; young people, men, and women at risk of HIV; and key populations that include men who have sex with men and female sex workers.  Fahari ya Jamii since 2022 has offered HIV tests to more than 257,500 people, connected 94 percent of those who tested positive to treatment, distributed condoms and lubricants, and disseminated safter sex messages to their target groups.

Faith Ndung’u, advocacy manager for Kenya’s Health NGOs’ Network (HENNET) said the Trump-Vance administration should have used a humane approach to engage with countries that benefit from U.S. funding, instead of abruptly suspending it.

“We are feeling the magnitude of the suspension in the health sector because these are lives; these are people,” said Ndung’u. “When such an abrupt decision is made, we are talking about more than one million people living with HIV being affected.”

HENNET is an umbrella group with 112 members from local and international NGOs, faith-based organizations, and research institutions that focus on health-related issues in Kenya’s 47 local governments.

“This is now a wakeup call for Kenya and Africa to invest in the health sector by funding it more not to be in a similar crisis when a donor pulls out or forfeits his commitment,” Ndung’u said.  

Local governments that also rely on USAID to run PEPFAR programs have suspended their U.S.-funded activities and phased out the stand-alone comprehensive HIV care centers by integrating treatment and care into general health care services. This move has forced hundreds of health care workers to go onto unpaid leave and wait for further guidance.

Pema Kenya, a Mombasa-based queer lobby group, said the decision to suspend funding means “uncertain times” for the LGBTQ community and Kenyans at large who depend upon U.S.-funded groups for their health care.

“Many queer organizations rely heavily on USAID funding for vital services such as HIV/AIDS prevention and treatment, mental health support, and legal aid,” Pema Kenya stated.

Pema Kenya noted the suspension of U.S. aid could severely cripple queer organizations and leave vulnerable people with limited access to crucial resources.

“This would be a significant setback in the fight against HIV/AIDS and other health crises disproportionately affecting the LGBTQ+ community,” Pema Kenya stated.   

GALCK, a coalition of 16 Kenyan LGBTQ rights groups, was even more blunt.

“This isn’t just a policy decision; it’s a matter of life and death,” it said in a statement.

OUT and Engage Man’s Health — two South African organizations that provide HIV services to MSM, transgender people, sex workers, and other vulnerable groups through PEPFAR — have also been impacted by the U.S. funding freeze.

OUT and Engage Man’s Health, which provides HIV services to MSM, announced on Jan. 27 that it will stop offering services “until further notice” due to a lack of funding. The organization asked its clients to seek services from the nearest public health facilities.

“We deeply value our clients and remain committed to safeguarding your health,” said the announcement. “We sincerely apologize for the inconvenience and disruption this may cause. Unfortunately, we are unable to provide further details at this time.”

Kenya and most other African countries have said a permanent suspension of U.S. aid will adversely impact progress made in the health sector, particularly the fight against HIV/AIDS. Botswana and some other nations on the continent that use their national budgets to purchase antiretroviral drugs, have assured their citizens the supply of these medications will not be interrupted.

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