Africa
Kenyan MPs approve resolution to ban public discussions of LGBTQ issues
Some lawmakers argue motion threatens freedom of expression
Kenya’s parliament has overwhelmingly passed a motion for the government to enforce an immediate ban on “public discussion, reporting and distribution” of LGBTQ content in the country.
It passed on Wednesday, despite some legislators raising concerns that it is a threat to the freedom of expression, information and the media protected under the Kenyan Constitution.
Owen Baya, an MP from the ruling United Democratic Alliance party who also serves as National Assembly’s deputy majority leader, termed the motion “controversial” and questioned why it was allowed for debate in the House, even though it violates the law.
“The republic of Kenya is governed by the Constitution. How can we prohibit freedom of speech? Freedom of speech, reporting and distribution of information are constitutional rights even if same-sex relations are illegal in Kenya,” Baya said.
The Article 33 of the Constitution under the freedom of expression requires every person to respect the rights and reputation of others.
Section 2 of the same Article 33, however, curtails freedom of speech when it amounts to war propaganda, incitement to violence, hate speech and advocacy to hatred such as ethnic incitement, vilification of others or incitement to cause harm.
Article 32, which Baya also cited, provides the right to freedom of conscience, religion, thought, belief and opinion in addition to Article 34 which guarantees the freedom and independence of electronic, print, and all other types of media.
The sponsor of the anti-gay motion, Mohamed Ali, an MP from the ruling party and a celebrated investigative journalist, in response argued that publicizing homosexuality, which is outlawed in the country, violates the constitution that only recognizes marriage between a man and a woman.
“The constitution gives us the freedom of expression, but not about gay and lesbianism which are unlawful practices in Kenya,” Ali said.
The legislator stated that his motion banning LGBTQ publicity is motivated by an increase in homosexuality in the country because of LGBTQ-specific content in books and in print and broadcast media.
The government is already cracking down on foreign teenage books with LGBTQ content.
The Education Ministry and the church have also formed a Chaplains Committee chaired by Kenya’s Anglican Bishop Jackson Ole Sapit to counter what he describes as the infiltration of homosexuality in schools. The committee’s mandate include counseling students who identify as LGBTQ.
“We recognize that publishing and distributing homosexual content through the press has serious consequences to the family values and opposite-sex relations that should be protected since the increase in same-sex relations threatens the extinction of human beings in the country,” the motion reads.
The move to curtail homosexuality is also in response to last month’s Supreme Court ruling that granted the LGBTQ community the right to register as non-governmental organization.
The judges’ decision sparked anger and criticism from religious leaders and politicians, including President William Ruto, who has instructed the attorney general to have it overturned through an appeal.
The motion that lawmakers approved on Wednesday calls for the police and judiciary to enforce it through the Section 162 of the Penal Code that criminalizes consensual same-sex relations with a 14-year jail term and sets the pace for the introduction of an anticipated anti-homosexuality bill that is being drafted.
Opposition MP Peter Kaluma, who sponsored the bill that seeks to further criminalize and punish homosexuality and the promotion of LGBTQ activities in Kenya, last month notified the National Assembly Speaker about its introduction in the House.
U.S. Ambassador to Kenya Meg Whitman came under fire during the debate on the motion because of her recent remarks in defense of the LGBTQ and intersex community that she made after she met with a group of activists.
“She should respect our religious beliefs, African and Kenyan culture, and our constitution the way we respect the U.S. Constitution. We won’t allow the American culture of gay and lesbianism to rule in Kenya and I ask Whitman to practice the American in the U.S. and the Kenyan culture be left to Kenyans,” Ali said.
The lawmakers also criticized the West, particularly the U.S., for championing LGBTQ and intersex rights in what they termed as engaging in serious reengineering of the world order to destroy other people’s cultures and humanity.
The parliament’s move to curtail consensual same-sex rights in Kenya comes at a time when Uganda’s President Yoweri Museveni is being pressured by the U.N., the U.S. and other Western nations not to sign into law a bill that bans people from identifying as LGBTQ or intersex. Kenyan lawmakers have applauded their Ugandan counterparts for passing the measure, while urging Museveni to assent to it without bowing to any pressure from the Western nations since his firm opposition to homosexuality has made him East Africa’s role model.
Lesotho
LGBTQ activist murdered in Lesotho
Authorities have arrested a suspect in Kabelo Seseli’s death
Kabelo Seseli, a gay crossdresser and LGBTQ activist in Lesotho, was murdered over the weekend in a suspected homophobic attack.
According to the People’s Matrix Association, a LGBTQ rights organization, Seseli’s body was found with stab wounds on their neck and genitals.
“This was not just a murder, it was a hate-driven, dehumanizing act meant to send a message of fear and rejection to our community,” said the People’s Matrix Association in a statement posted to its Facebook page on April 29. “Kabelo deserved to live. Kabelo deserved dignity, safety, and the freedom to exist without fear, just like every Mosotho.”
The LGBTQ rights group also said it is demanding action, justice, and protection from the government, especially given the fact authorities have arrested a suspect.
“We strongly condemn this act of violence and call on the government of Lesotho and law enforcement authorities to conduct a thorough investigation and ensure that those responsible are held fully accountable,” said the People’s Matrix Association. “We also urge leaders and the public to reflect on the role of hate speech and social stigma, which continue to incite violence against LGBTI individuals across our country. We demand action.”
Victor Mukasa of Trans and History Intersex Africa also condemned Seseli’s murder.
“Death is a fact of life, but murder is criminal,” said Mukasa. “Murder of people because they are LGBTIQA+ or for belonging to a particular social group is a hate crime.”
Thato Motsieloa, a gay crossdresser and LGBTQ activist, said he was “deeply distraught to learn about the brutal murder of Kabelo Seseli.” Motsieloa said he and Seseli met on Facebook.
“Although we never met in person, we had plans to do so,” said Motsieloa. “The manner of his death is particularly heartbreaking, and the fact that his killers desecrated his body by removing his private parts is utterly heinous. I hope justice is served, and those responsible face the consequences of their horrific actions. My sincerest condolences go out to Kabelo’s family, may his soul rest in eternal peace.”
Lesotho in 2012 decriminalized consensual same-sex sexual relations. Marriage, however, remains limited to heterosexual couples. There have also been sporadic reports of anti-LGBTQ hate crimes since 2012.
The International Commission of Jurists, in partnership with Outright International, a New York-based LGBTQ advocacy group, in 2022 held a workshop with the Lesotho judiciary that focused on human rights for the LGBTQ community.
The judiciary noted LGBTQ people exist, but acknowledged there is no local jurisprudence on their rights, even though the country’s constitution guarantees the right to respect private and family life and freedom from discrimination.
Religious and cultural norms, like in many African countries, play a pivotal role in how society perceives the LGBTQ community. Many people in Lesotho disregard the existence of LGBTQ people, even though the government is trying to make room for the acknowledgment of LGBTQ rights.
Outright International Africa Advocacy Officer Khanyo Farise says the judiciary’s active engagement with the LGBTQ community is an important step towards ensuring LGBTQ rights are upheld.
“Judges and judicial officers play an important part in ensuring access to justice for LGBTIQ+ people, but also have an important role in producing judgments which can advance their human rights,” said Farise.
ICJ Africa Communications and Legal Officer Mulesa Lumina said though the ICJ is encouraged by these developments, particularly the willingness of judiciary members to understand the plight of the community, LGBTQ people continue to face harassment, discrimination, abuse and violence because of their actual or perceived sexual orientation and gender identity.
“We will continue working with partners, such as the People’s Matrix and Outright International, to ensure the enforcement of the country’s obligations under international human rights law, which entitle LGBTIQ persons to the full range of human rights without discrimination,” said Lumina.
Kenya
Kenya Red Cross-owned hotel to host anti-LGBTQ conference
Speakers from US, European countries to participate in May 12-17 gathering
Plans to host a family values meeting next month in a 5-star hotel in Nairobi that the Kenya Red Cross Society co-owns have sparked an uproar among local queer rights groups.
The groups accuse the Kenya Red Cross of violating its Global Fund commitment of protecting key populations by allowing its Boma Hotel to host an “anti-gender and anti-LGBTQ” conference.
Influential guest speakers from the U.S., the Netherlands, Spain, and Poland will preside over the Pan-African Conference on Family Values that will take place from May 12-17. The Kenyan advocacy groups say these speakers’ organizations are globally recognized for undermining LGBTQ rights.
“As the principal recipient of Global Fund in Kenya, hosting this event contradicts (the) Red Cross’s humanitarian mission and threatens the safety and dignity of people living with HIV, women and LGBTQ+ individuals, the communities that Kenya Red Cross Society has long committed to supporting,” the queer rights groups state.
The LGBTQ groups that have criticized the Kenya Red Cross include Upinde Advocates for Inclusion, the Initiative for Equality and Non-Discrimination, and Gay and Lesbian Coalition of Kenya. They have also launched an online signature collection drive to compel the Kenya Red Cross to withdraw the hotel from hosting the “Promoting and Protecting Family Values in Challenging Times”-themed conference.
“The event’s so-called ‘family values’ narrative is a smokescreen for policies that push hateful legislation and promote death, discrimination, femicide, gender-based violence, and restrict fundamental freedoms across Africa,” the groups said.
The pro-life Western organizations that are scheduled to participate in the conference include Family Watch International from the U.S., CitizenGo from Spain, the Ordo Luris Institute from Poland, Christian Council International from the Netherlands, the New York-based Center for Family and Human Rights (C-FAM), and the Foundation for American Cultural Heritage. Their local counterparts include the National Council of Churches of Kenya, the Kenya Christian Professionals Forum, the Africa Christian Professionals Forum, and the Evangelical Alliance of Kenya.
C-FAM President Austin Ruse; Family Research Council Vice President for Policy and Government Affairs Travis Wever; Global Life Campaign Executive Director Thomas W. Jacobson; and the Rev. Ricky Chelette, executive director of Living Hope Ministries, Inc., and president of the Institute of Biblical Sexuality are among the U.S. guest speakers. Other participants include Henk Jan van Schthorst, president of Christian Council International’s board of directors, Ordo Luris Institute President Jerzy Kwasniewskie and his colleague, Rafal Dorosinski, director of the group’s Legal Analysis Center.
The Kenyan groups through their online petition — “Tell Red Cross Kenya Not to Give Hate a Platform” — has so far raised more than 1,000 of the 10,000 signatures they hope to collect. The petition is addressed to Red Cross Kenya Secretary-General Ahmed Idris and his predecessor, Abbas Gullet, who is the hotel’s director.
“We call on you to immediately cancel this booking and publicly reaffirm Red Cross’ commitment to human rights, health and inclusivity,” the petition reads. “Failure to act will raise concerns about whether (the) Red Cross can still be trusted by the community to lead with empathy and fight for their rights.”
The Kenya Red Cross, however, maintains the Boma Hotel is a separate entity, even though public records indicate it is one of the facility’s shareholders.
The LGBTQ groups note the hotel should be a safe space that promotes inclusion, not platforms that enable “harmful gathering” for hate and exclusion by “dangerous groups.”
“By providing a venue for this event, Red Cross directly enables a platform for hate and discrimination — a stark contradiction to the values of inclusivity, humanity, and nondiscrimination that the organization claims to uphold,” they said.
The organizations further warn that proceeding to host the conference threatens the relationship between the Red Cross and the marginalized communities who have long depended on the humanitarian organization for support and protection. CitizenGo has nonetheless criticized the LGBTQ groups, which it describes as “radical activist groups” for “trying to silence a pro-family event” and asked the Kenya Red Cross and the Boma Hotel not to back down.
“These groups are calling the event ‘hateful’ because it affirms the natural family — marriage between a man and a woman — and the dignity of every human life, including the unborn,” Ann Kioko, the group’s campaign director for Africa and the U.N., said.
Through an online counter signature collection drive, Kioko holds CitizenGo and other groups won’t be intimidated, silenced or apologize to the queer rights groups for defending “our families, our faith and our future”.
“The real goal of these foreign-funded activist groups is to impose LGBTQ and gender ideologies on Africa — ideologies that have led elsewhere to the confusion of children, the breakdown of family structures and the rise of sexual libertinism that results in abortion, STIs and lifelong emotional and psychological trauma,” Kioko stated.
Africa
LGBTQ activists in Africa work to counter influence of American evangelicals
Lawmakers continue their crackdown on queer rights
American far-right evangelical organizations fund African MPs and religious groups and support their advocacy efforts against homosexuality.
The support for the two influential groups on the continent has contributed to increased homophobic rhetoric for conservative family values through religious teachings and public policy. Open for Business, a coalition of leading global organizations that champion LGBTQ inclusion, revealed this trend in its latest report that surveyed the East African countries of Kenya, Uganda, Tanzania, and Rwanda.
“The anti-LGBTQ+ agenda driven by Christian groups in Kenya and Uganda has received significant funding and support from foreign anti-rights groups, particularly from U.S. far-right evangelical organizations,” the report states.
The two nations, along with Tanzania, have had heightened curtailing of queer rights in recent years through legislation and religious protests. Homosexuality remains criminalized in the three countries, with varied jail terms of not less than 10 years.
“There is much misinformation and disinformation being circulated in Kenya about LGBTQ+ issues — churches are behind much of this, and they leverage selective interpretations of religious teachings to stir up anti-rights sentiments,” the report reads.
It adds religious groups have attained greater influence with their homophobic campaigns under President William Ruto, who is Kenya’s first evangelical Christian head of state.
The American far-right evangelical churches are part of the New York-based World Evangelical Alliance, whose global believers are considered “incredibly diverse and vibrant people of faith.”
“They are bound together by spiritual convictions that they consider ‘non-negotiable’ while acknowledging a wide variety of expressions in non-essential matters such as their style of worship,” the Rev. Leon Morris, the founder member and former chairman of Evangelical Alliance of Victoria, states on WEA’s website.
The religious groups under the Kenya Christian Forum, in partnership with Linda Uhai Consortium (or Protect Life in Swahili) composed of pro-life organizations, late last month held their annual march in Nairobi, the country’s capital. Opposition to LGBTQ rights was among the agenda items.
Some anti-homosexuality placards that march participants held read, “Homosexuality is abnormal,” “Rainbow belongs to God,” “No to Western cultural imperialism, yes to family values,” and “In the beginning God made them; male and female.” The organizers also criticized the Kenyan courts over their recent rulings in favor of the queer community, such as allowing the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization.
The African Inter-Parliamentary Conference on Family Values and Sovereignty is a caucus of African MPs that American far-right evangelical organizations support to drive anti-LGBTQ policies in their countries.
The group held its second conference in Entebbe, Uganda, last May. The definition of sex and sexuality and their impact on LGBTQ issues were among the topics that delegates from more than 20 countries discussed.
The three-day conference that Ugandan Parliament Speaker Anitah Among and Henk Jan Van Scothorst, director of the Christian Council International, sought to curb homosexuality. The delegates also resolved to have the African Caribbean Pacific and European Union Economic Partnership, also known as the Samoa agreement, reviewed for undermining the sovereignty of African governments over LGBTQ rights and related “human rights” issues.
The far-left government officials and queer lobby groups from the U.K. and other Western countries, meanwhile, are engaging with LGBTQ activists in Africa to counter American evangelical organizations’ anti-homosexuality campaigns.
British officials, led by Equalities Minister Nia Griffith, in February met with Sexual Minorities Uganda Executive Director Frank Mugisha and Erick Mundia, a senior policy advisor for Ipas Africa Alliance, a Kenya-based abortion rights advocacy group.
“As part of our Queering Atrocity Prevention program, which seeks to center LGBTQI+ rights and risks as part of atrocity prevention and wider peace and security, our team held a parliamentary roundtable exploring the implications of transnational far-right organizing for global LGBTQI+ rights and how the UK parliament can respond,” the statement reads.
Klara Wertheim, head of global programs at Stonewall, and Farida Mostafa, queering atrocity prevention manager of Protection Approaches, were among the other representatives of queer rights organizations who participated in the roundtable with highlighted “the implications of transitional far-right activity for global LGBTQI+ rights.”
“Discussions with MPs, Lords, parliamentary staff and civil society representatives centered on tactics used by far-right actors to disrupt democratic rights-based systems,” reads the statement. “The impacts of these malign efforts on sexual and gender-based rights in the UK and abroad, and how parliamentary actors can contribute to stemming these trends in their parliamentary work.”
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