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LGBTQ, intersex Gambians continue to suffer persecution

Ousted dictator Yahya Jammeh once threatened to slit gay men’s throats

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(Public domain photo)

LGBTQ and intersex Gambians continue to face persecution, even though President Adama Barrow ousted Yahya Jammeh in 2016 after 22 years in power.

Jammeh during his rule enacted several laws that specifically targeted LGBTQ and intersex Gambians.

The former president who is currently in exile in Equatorial Guinea introduced the Criminal Code (Amendment) Act 2014 that carried a life sentence for anyone who was found to be LGBTQ. Jammeh, among other things, also threatened to slit gay men’s throats

Many Gambians who identify as LGBTQ or intersex fled the country because they feared arrest or even death.

Jammeh’s own nephew, Alagie Jammeh, in 2014 posted on Facebook that no one should be denied their fundamental basic human rights because of their sexuality. 

Alagie Jammeh in 2017 asked for asylum in the U.S. because he feared arrest in Gambia. The U.S. the same year sanctioned Yahya Jammeh under the Global Magnitsky Human rights Accountability Act.

Unlike Uganda and Nigeria — two countries where LGBTQ and intersex communities publicly exist and advocate for themselves in spite of widespread persecution — there is no such organized civil society in Gambia because it is too dangerous.

According to Yankuba Keita, a human rights advocate based in Gambia, advocating for or identifying as part of the LGBTQ and intersex community still has the same repercussions that existed in 2014.

“Nothing has really changed on that issue for the LGBTQ+ community in the Gambia as they still face harassment, intimidation and attacks from people and religious leaders constantly come out to condemn them in totality during their Friday summons,” said Keita. “Gambia religious leaders are all against the rights and freedoms of LGBTQI+ persons with some even calling for them to be killed. Furthermore, some politicians use the same sentiments as a political tool to campaign for more followers.” 

Keita said the LGBTQ and intersex community will remain at risk until the government repeals the harsh laws that target it and social awareness increases.

“The political will has to be there first and the mindset of the people has to change towards the LGBTQI+ community through advocacy and engagement of the religious leaders,” said Keita.

The government maintains that although the law prosecutes those who identify as LGBTQ and intersex, reports of arbitrary arrests and killings based on sexual orientation or gender identity are overblown.

The Women In Liberation and Leadership in collaboration with South Africa’s African Men for Sexual Health and Rights and Switzerland’s Sexual Rights Initiative in 2019 made some recommendations in regards to the criminalization of sexual orientation, gender identity and expression in Gambia.

Gambia, according to the organizations, should repeal all legislation that criminalizes consensual same-sex sexual relations between adults and take all necessary measures to prevent discrimination and violence on the basis of sexual orientation. The organizations also urged the Gambian government to amend bills that limit freedom of expression, assembly of LGBTQ and intersex people, remove all administrative and legislative barriers to the recognition and registration of organizations working on LGBTQ and intersex issues and allocate 15 percent of the country’s annual budget to the health sector.

The organizations also recommended the Gambian government grant full refugee status, protection and support to LGBTQ and intersex people who have sought asylum in the country in compliance with the U.N. High Commissioner for Refugees guidelines on international protection.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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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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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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