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Kenyan MPs approve resolution to ban public discussions of LGBTQ issues

Some lawmakers argue motion threatens freedom of expression

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Kenyan flag (Photo by rarrarorro/Bigstock)

Kenyaā€™s parliament has overwhelmingly passed a motion for the government to enforce an immediate ban on ā€œpublic discussion, reporting and distributionā€ of LGBTQ content in the country.Ā 

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 Assemblyā€™s deputy majority leader, termed the motion ā€œcontroversialā€ and questioned why it was allowed for debate in the House, even though it violates the law.Ā Ā 

ā€œThe 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,ā€ Baya said.Ā 

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.Ā Ā 

Article 32, which Baya also cited, provides the right to freedom of conscience, religion, thought, belief and opinion in addition toĀ Article 34Ā which guarantees the freedom and independence of electronic, print, and all other types of media.Ā 

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. 

ā€œThe constitution gives us the freedom of expression, but not about gay and lesbianism which are unlawful practices in Kenya,ā€ 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 alsoĀ formedĀ a Chaplains Committee chaired by Kenyaā€™s Anglican Bishop Jackson Ole Sapit to counter what he describes as the infiltration of homosexuality in schools. The committeeā€™s mandate include counseling students who identify as LGBTQ.Ā 

ā€œWe 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,ā€ 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 judgesā€™ decision sparked anger and criticism from religious leaders and politicians, including President William Ruto, who hasĀ instructedĀ the attorney general to have it overturned through an appeal.Ā Ā 

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 recentĀ remarksĀ in defense of the LGBTQ and intersex community that she made after she met with a group of activists.

ā€œShe should respect our religious beliefs, African and Kenyan culture, and our constitution the way we respect the U.S. Constitution. We wonā€™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.Ā 

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 peopleā€™s cultures and humanity.Ā 

The parliamentā€™s move to curtail consensual same-sex rights in Kenya comes at a time when Ugandaā€™s President Yoweri Museveni is beingĀ pressuredĀ 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 Africaā€™s role model.

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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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