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Kenyan anti-homosexuality bill would expel LGBTQ refugees

Kakuma and Dadaab refugee camps are located in the country

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Kenya flag (Photo by rarrarorro/Bigstock)

Refugees and asylum seekers who identify as LGBTQ would be expelled from Kenya under a proposed anti-homosexuality law.

The Family Protection Bill, 2023, that would criminalize homosexuality with a life sentence, is currently under consideration by a parliamentary committee. 

The measure, which opposition MP Peter Kaluma has sponsored, proposes changes to Kenya’s Penal Code that prohibits consensual same-sex relations with a 14-year prison term. The lawmaker notes that homosexuality, same-sex marriages and other so-called unnatural sexual acts go against “public morality” that threaten the family unit under Article 45 of Kenya’s constitution, which recognizes marriage as between people of the opposite sex.

“The bill contains miscellaneous provisions that allow the expulsion of refugees and asylum seekers who breach the law, contains provisions for psychotherapy and rehabilitation of offenders and consequential amendments to other acts of Parliament,” the proposed law reads. 

Kenya hosts more than half a million refugees in its Kakuma and Dadaab camps from neighboring nations: Burundi, Somalia, South Sudan, Ethiopia, Uganda and the Democratic Republic of Congo that face long-standing conflicts and insecurity.

Kenya is also the only East African nation that has been accepting LGBTQ refugees and asylum seekers without questioning the individuals’ sexual orientation. This is despite rampant cases of homophobia in the country and some LGBTQ refugees complaining about discrimination, violent attacks and destruction of their property by other refugees and residents.      

Several LGBTQ human rights groups, including the Organization for Refuge, Asylum and Migration, have released a report on violations the LGBTQ people face in Kakuma, which is one of the world’s largest refugee camps.

The U.N. Refugee Agency in Kenya in March 2021 issued a statement in response to homophobic attacks on LGBTQ refugees in Kenyan camps by assuring its commitment to their safety.  

The move to curb homosexuality in Kenya through the new law comes barely three months after more than 300 LGBTQ refugees at Kakuma camp launched an online signature collection initiative to petition the authorities to stop discrimination, torture and mistreatment.  

In the petition, the group decries rampant incidents of brutal attacks in the camp that have left them with “deep wounds and scars” that often result in disability and death for some victims.  

“As refugees who have sought safety and refuge from conflict and persecution, we should not have to endure further suffering and discrimination within the confines of the camp. Yet, this is the reality for many of us,” reads the petition. 

The group also laments police brutality and mistreatment, even though they are supposed to protect them like other refugees regardless of their sexual orientation.   

“This has led to a climate of fear and insecurity within the camp, where we are unable to live freely and openly as members of the LGBTIQ+ community. We are tired of living in fear and we demand an end to these injustices,” it reads. 

The proposed Family Protection Bill, 2023, has sparked mixed reactions from Kenyans, with some supporting it and others opposing it for infringing and undermining other people’s rights. 

“A very human plea to a Kenyan MP who’s pushing an agenda of hate against a section of Kenyans. I live for the day we’ll see all humans as persons deserving to be treated with dignity and love, and not be victimized for who they are, how they live, and who they love,” Lukoye Atwoli, a celebrated Kenyan scientist and dean, said

He argued that it is not his or anyone’s duty to police consenting adults in a consensual same-sex relationship. The MP who sponsored the Family Protection Bill, 2023, however, holds that whatever consenting adults in same-sex relationships do in private affects the entire society. 

“Same-sex sexual acts and unions are sterile by nature,” Kaluma said. “If tolerated or supported and propagated, would lead to the extinction of the human race.” 

The legislator joined other anti-LGBTQ African MPs in Kampala, Uganda, early this month to champion so-called family values. They demanded fresh scrutiny and repeal of international laws used by individuals and organizations that push the “anti-African cultural agenda.”  

The proposed Kenyan law seeks to limit several constitutional rights and freedoms in restricting LGBTQ practices and associated activities in the country.

It would impose a jail term of not less than five years on people found guilty of assembling, picketing, promoting, or supporting LGBTQ-specific activities. The bill also seeks to limit the right to information by restricting the media from publishing or broadcasting LGBTQ-specific content and would ban the recognition or registration of any LGBTQ group or organization in Kenya.

This provision is in response to the Kenyan Supreme Court’s controversial ruling in February that allowed the National Gay and Lesbian Human Rights Commission to register a non-governmental organization.

The ruling attracted criticism from religious leaders and government officials including President William Ruto, who has instructed the attorney general to challenge the court’s decision for violating the country’s laws and morality.    

With the Family Protection Bill, 2023, the country now joins Uganda whose MPs in March passed a bill that would criminalize anyone who identifies as LGBTQ with life imprisonment amid international criticism. President Yoweri Museveni has returned it to Parliament for further consideration before he signs it.  

Embattled U.S. Rep. George Santos (R-N.Y.) last month introduced a bill that would ban U.S. foreign aid to countries that criminalize LGBTQ people.      

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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was “Mamba,” they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

“I’ll never forget that day,” Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. “I still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.” 

Biodun’s experience isn’t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

“Sometimes, I often wonder how they learned about these platforms,” Daniel, which is not his real name, told the Blade. “You would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.” 

One time, someone’s bio read, “I’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)” It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

“Before the removal of the screenshot option, I usually shared photos of others with my trusted friends,” Biodun shared. “But since that was taken off, there was no way for me to do that.” 

Although, according to Grindr’s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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Africa

Upcoming Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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(Image by rarrarorro/Bigstock)

Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex person’s data in a Census. 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukiza’s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”)

“We recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,” said Dunstan Balaba, the permanent secretary in the prime minister’s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the country’s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

“It will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,” Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPD’s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex people’s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPD’s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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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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