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Ugandan activists travel to D.C.

MPs last month passed Anti-Homosexuality Act

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Four LGBTQ and intersex activists from Uganda traveled to D.C. this week (Photo courtesy of Jacqueline Kasha

A group of LGBTQ and intersex activists from Uganda traveled to D.C. this week.

Sexual Minorities Uganda Executive Director Frank Mugisha, GLBTQ Legal Advocates and Defenders Senior Manager of Organizational Culture and Community Partnerships Quin Mbabazi and Chapter Four Uganda Executive Director Nicholas Opiyo on Monday spoke about the country’s Anti-Homosexuality Act 2023 at the Center for Strategic and International Studies in D.C. Maria Burnett, senior associate of CSIS’ Africa Program, moderated the panel discussion in which Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights rights, also participated.

Mugisha, Mbabazi, Opiyo and Jacqueline Kasha Nabagesara while in D.C. met officials from the White House, the State Department and the U.S. Agency for International Development and representatives from the Council for Global Equality. The activists also briefed the Congressional Equality Caucus.

Assistant Health Secretary Rachel Levine, a four-star admiral in the U.S. Public Health Service who is the first openly transgender person confirmed by the U.S. Senate, on Thursday tweeted a picture of her with Mugisha.

“It was such an honor to meet (Frank Mugisha.) His courage gives me strength, but no one should have to be brave just to be their authentic self,” tweeted Levine. “Progress is not real unless it means progress for all.”

The activists came to D.C. less than a month after Ugandan MPs passed the Anti-Homosexuality Act.

Opiyo notes the measure would impose a “mandatory” death penalty for “aggravated homosexuality” and “anybody who is convicted of being engaged in same-sex relations” would face life in prison.

The bill would also punish the “promotion, recruitment and funding” of LGBTQ-specific activities in Uganda with up to 10 years in prison. 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 also face up to 10 years in prison. Opiyo also noted the measure’s provision that would require Ugandans to report LGBTQ-specific activities to authorities would create “a moral police force.”

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

President Yoweri Museveni in 2014 signed that year’s 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.

Museveni has said he supports the current bill for which MPs with close ties to anti-LGBTQ American evangelical groups have championed.

“Anti-gay groups and anti-gender groups (are) radicalizing the Ugandan society against the LGBTQ community,” said Mugisha during the CSIS panel. “We’re seeing a lot of hatred. We’re seeing a lot of fear of LGBTQ persons.”

Mugisha noted there has been an increase in violence against LGBTQ and intersex Ugandans over the last year. Uganda’s National Bureau for Non-Government Organizations last August forced Sexual Minorities Uganda to shut down.

“We’re seeing a very systematic, targeted, group that is targeting the LGBTQ community and we’ve seen that Ugandans have sort of been prepared for this legislation,” said Mugisha. 

US ‘has significant concerns about the Anti-Homosexuality Act’

Stern during the CSIS panel reiterated the Biden-Harris administration’s criticisms of the Anti-Homosexuality Act.

“The U.S. has significant concerns about the Anti-Homosexuality Act that the Parliament of Uganda passed on March 21,” said Stern. “If the Anti-Homosexuality Act is signed into law and enacted, it would threaten the human rights of Ugandan citizens, jeopardize progress in the fight against HIV/AIDS, deter tourism and investment in Uganda and damage Uganda’s international reputation.”

White House Press Secretary Karine Jean-Pierre during her March 22 press briefing reiterated many of the same points that Stern did. National Security Council spokesperson John Kirby that day also noted the U.S. provides substantial aid to Uganda through the U.S. President’s Emergency Plan for AIDS Relief and other programs.

“If this bill passes as it is now, the work that PEPFAR currently funds would be criminalized,” said Burnett. “We’re talking about people who are implementing U.S.-funded programs who could not do their jobs without potentially running afoul of the law and losing their liberty.”

Stern said the U.S. “continues to raise issues around the Anti-Homosexuality Act with the government of Uganda at all levels” and is “coordinating with diplomatic partners, with the private sector and with human rights organizations directly.” Stern also noted she and her colleagues are in “daily communication” with Mugisha and the other activists who were on the CSIS panel.

“We’re in constant contact with the community because they know how severe this issue is, how high the stakes are, how to push, what messages to use and what consequences the threat of the bill is already having on the community,” said Stern. “LGBTQI human rights defenders and human rights defenders of all stripes in Uganda are some of our greatest partners in this work. We are working with partners to engage at the multilateral level to address this issue.”

Stern also warned the U.S. would reconsider foreign assistance to Uganda if Museveni signs the Anti-Homosexuality Act.

“We are investing the potential impact of the Anti-Homosexuality Act on U.S. foreign assistance,” said Stern. “If this bill is signed into law, it will be an action-forcing event.”

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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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Africa

Congolese lawmaker introduces anti-homosexuality bill

Constant Mutamba’s measure seen as distraction from country’s problems

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Congolese MP Constant Mutamba (Photo courtesy of Mutamba's X account)

A member of the Democratic Republic of Congo’s National Assembly who is a leader of the country’s opposition party has introduced a bill that would criminalize LGBTQ people.

Part of the bill that Constant Mutamba, leader of the Dynamic Progressive Revolutionary Opposition platform, has put forth states anyone who “commits a homosexual act (including acts and gestures) will be liable to a 5- or 10-year prison sentence.”

The country in recent years has seen government leaders and civic society target the community with anti-LGBTQ sentiments.

The Superior Council for Audiovisual and Communication, Media Regulatory Authority  last June cautioned the media against showing LGBTQ-specific conversations. Several activists have criticized Mutamba’s bill, saying it seeks to move attention away from governance, service delivery and other pertinent issues in the country.

Sirius Tekasala, a human rights activist, said a person’s sexual orientation does not impact issues of governance.

“The proposed bill does not go in the direction of improving the socio-economic life of the Congolese people,” said Tekasala. “It’s not homosexuals who prevent you from doing your job well or from breathing. This is a violation of human rights.”

Mbuela Mbadu Dieudonné, a social analyst and trade unionist, said the bill is just a way of deviating people from the pertinent issues.

“He should suggest how to get the Congolese people out of this precariousness of life which is growing on a daily basis,” said Dieudonné. “When we don’t know the real problems of the Congolese people, he sets himself up as the great director of scenes to distract the Congolese people.”

Many Congolese, however, seem to support the bill and have applauded Mutamba for drafting it.

This is not the first time that such kind of a bill has been drafted.

An anti-homosexuality bill introduced in 2010 would have sentenced people who engage in consensual same-sex sexual relations to between three and five years in prison. The measure, however, did not become law.

Mutamba’s bill, however, may pass with Uganda’s Anti-Homosexuality Act in effect. The country’s Constitutional Court earlier this month upheld it. Burundi, Tanzania and other neighboring countries are also considering similar measures.

Many Congolese people view LGBTQ rights as a Western phenomenon that disregards their religious and cultural beliefs. LGBTQ Congolese are among those who have fled the country and sought refuge in the Kakuma refugee camp in Kenya and other places.

Consensual same-sex sexual relations are not criminalized in the Democratic Republic of Congo, but Congolese law does not recognize same-sex marriages.

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Africa

Prominent transgender woman in Nigeria arrested, charged with defacing currency

Authorities say Idris Okuneye, known as Bobrisky, flaunted money

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Bobrisky's arrest has sparked concern among Nigerian activists. (Photos courtesy of Bobrisky's Facebook page)

Nigeria’s Economic and Financial Crimes Commission’s decision to arrest a well-known transgender woman over the practice of flaunting money has sparked questions among several human rights activists.

Idris Okuneye, who is known as Bobrisky, was first arrested last Wednesday.

Justice Abimbola Awogboro of the Lagos Federal High Court on April 5 charged her with four counts of mutilating N490,000 (roughly $375.)

The EFCC alleges Bobrinsky between last July and August flaunted N50,000 (roughly $36) during a social event and N400,000 ($306) at another gathering last month. Bobrinsky has been charged with violating section 21(1) of the Central Bank Act of 2007.

“The Lagos Zonal EFCC, on Friday, April 5, 2024, secured the conviction of Idris Okuneye, (Bobrisky), before Justice Abimbola Awogboro sitting at the Federal High Court, Ikoyi, Lagos over mutilation of the Naira notes,” reads the EFCC complaint that misgenders Bobrisky. “He was arraigned on Friday on a four-count charge bordering on mutilation of the Naira notes to the tune of N490,000.”

“Justice Awogboro, thereafter, ruled, that upon the admission of guilt by the defendant, and following the evidence tendered, the defendant is declared guilty as charged,” adds the statement.

The EFCC said after listening to both parties, Awogboro delayed his ruling and also ordered that Bobrisky remain in EFCC custody. Activist Felix Abayomi said the EFCC was simply using Bobrisky as a scapegoat due to the fact that she is a vulnerable member of the society.

“Discrimination in the name of implementing a pick and choose law! Why go after someone that is a vulnerable member of our society? Someone that is clearly dealing and coping with stigmatization of her lifestyle choices which is innate. Using her as a scapegoat is uncalled for,” said Abayomi. “How does spraying the Naira that is cultural to us as a people ever even become a financial crime? People who commit economic and financial crimes against us as a people and against our nation state are sitting comfortably in the hollows of our legislative chambers and power.”

Chidi Odinkalu, the former chair of the National Human Rights Commission, said the arrest was not about the mutilation of the Naira notes, but about Bobrisky’s gender identity.

“The EFCC should be ashamed of themselves,” said Odinkalu. “The power of arrest and prosecution is a public trust that should not be weaponized for the persecution of those whom they don’t like. It is either the EFCC is evidently idle or this is a clear abuse of power.” 

EFCC spokesperson Dele Oyewale said Odinkalu’s statements were reckless.

“The commission views such commentaries from Odinkalu as unbecoming of a former head of a major government agency,” said Oyewale. “Okuneye was arrested and arraigned by the commission on the basis of clear cases of abuse of the Naira to which he has pleaded guilty.”

“Odinkalu has a right to free speech as a Nigerian, but such a right should be exercised with decorum and responsibility,” added Oyewale. “The commission would not hesitate to take appropriate legal actions against such uncouth commentaries against its lawful mandate by anyone. Odinkalu is warned and advised to ventilate his rascally opinions more responsibly in future situations.” 

Bobrisky is one of the few individuals on the African continent who has publicly discussed their gender transition.

Ever since she started to publicly show her transition, several Nigerian political pundits have been calling for her arrest. There are no laws that specifically target trans Nigerians, but the Same-Sex Marriage Act criminalizes same-sex marriages and prohibits the public display of same-sex relationships with up to 14 years in prison.

In states where Sharia law is practiced, those found engaging in same-sex sexual activities can be sentenced to death by stoning. Even those who identify as trans can receive 50 lashes or more.

Update: Awogboro on Friday sentenced Bobrisky to six months in prison without the option of paying a fine. Reports indicate authorities will send her to a men’s prison.

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