Africa
Intersex Kenyans see significant gains since landmark law took effect
MPs approved statute last year
![](https://www.washingtonblade.com/content/files/2022/12/Kenya_flag_insert_by_rarrarorro_via_Bigstock.jpg)
The push for intersex people to enjoy equal rights as Kenyaās third sex has recorded significant gains since a landmark law took effect last July.
Intersex people arrested for breaking the law can now be presented in court as intersex, since prosecutors have adopted the special āIā sex marker for the group in charging documents.
This addresses the problem of authorities identifying intersex people for trial that became public in 2006 when police officers could not tell the sex of a detainee they perceived as a man who had been accused of a violent robbery. They had strip-searched him.
The gains noted in the latest report by the countryās Intersex Persons Implementation Coordination Committee also note the inclusion of intersex concepts in Kenyaās new education curriculum for awareness.
The IPICC falls under the purview of Kenyaās National Commission on Human Rights.
Intersex awareness in schools for recognition and capacity building in the future targets adolescents at the junior secondary level where they are educated on the reproductive system.
Veronica Mwangi, the IPICC’s head of secretariat who spoke to Washington Blade, commended the Office of the Director of Public Prosecutions for introducing the āIā sex marker for intersex people in charging documents.
āWe have made gains in the criminal justice but we should not go back to the tendencies where intersex persons only require a lot of attention when it comes to crime. It is a misconception that misses the map,ā she said.
Citing a proposedĀ Intersex Persons BillĀ 2023 currently undergoing public comment before being presented for debate in Parliament, Mwangi believes it envisages more benefits to intersex people.
For instance, the bill proposes access to more comprehensive medical attention for intersex people during surgeries and expensive medical examinations like Karyotype, a DNA and hormonal composition test that costs between $900-$1,000.
The bill would also require medical insurance providers to come up with an affordable, unique package that addresses the needs of intersex people by taking into account the reality of their lived experiences.
āThe reality of the matter is you may give birth to an intersex child as a girl but later it turns out to be a boy. Hence the medical package that was given to the girl may not apply to the boy,ā Mwangi said.
She added the medical insurance policy should be capable of responding to such changes, since intersex people will always have medical needs that keep shifting.
The bill would also allow intersex people to change their sex marker at any time to reflect their new status after undergoing a comprehensive medical examination and a medical certificate to prove it. The measure would also demand the government to recognize intersex people as a vulnerable group, such as those living with disabilities, women, young people and orphans, in order to more easily access social protection programs.
It would further require employers to consider intersex people for employment and the Kenya Examination Council to support the registration of intersex people’sā academic documents that indicate their name has changed because of a legal sex change.
The Civil Registration Services, a government agency that documenting all births and deaths, has already been working closely with IPICC to change names on the birth certificates of intersex people to reflect their correct sex for easier access to public services.
Kenya became the first African country to grant equal rights and recognition to intersex people in 2022. It is also the first nation on the continent and the second in the world after Australia to count intersex people in a Census in 2019.
The survey showed 1,524 Kenyans were intersex.
After many years of marginalization and discrimination, the IPICC progress report states that several intersex people for the first time were involved in monitoring Kenyaās August 2022 general election as observers. Other intersex people subjected themselves to the electoral process to be nominated or elected as county assembly representatives, the lowest electoral position, including one in the Kenyan capital of Nairobi.
“This was a bold move and a big achievement because, for the first time in Kenya, intersex persons came out and tested the waters in politics,ā Mwangi said.
She cited stigma and fear among intersex people in presenting conflicting documents about their sex to the electoral commission for clearance as the cause of staying away from politics before the enactment of the law that recognizes them. Mwangi urged intersex people to come out and take advance of available opportunities and assistance, since most of them don’t and it becomes hard to reach them.
Since the landmark law came into force in July last year; several psychosocial support groups for intersex persons, their parents and caregivers have been established in the country to offer any necessary assistance that includes counselling. The IPICC has also created a database of intersex people, a text message service and a toll-free number to report cases of discrimination and to advocate on their behalf.
Oct. 26, 2022, also marked the first official event that commemorated Intersex Awareness Day in Kenya.
Uganda
Ugandan minister: Western human rights sanctions forced country to join BRICS
President Yoweri Museveni signed Anti-Homosexuality Act in 2023
![](https://www.washingtonblade.com/content/files/2023/03/Uganda_flag_insert_by_rarrarorro_via_Bigstock.jpg)
Ugandan Foreign Affairs Minister Henry Oryem has revealed U.S. and EU sanctions over the countryās Anti-Homosexuality Act and other human rights violations have pushed Kampala to join the BRICS bloc.
Oryem noted Western powersā decision to sanction other countries without U.N. input is against international norms, and Uganda needed to shield itself from such actions by aligning with the bloc that includes China, Russia, India, South Africa, Brazil, Egypt, the United Arab Emirates, Ethiopia, Iran, and Indonesia. (Consensual same-sex sexual relations remain criminalized in the United Arab Emirates, Egypt, and Ethiopia. Iran is among the countries in which consensual same-sex sexual relations remain punishable by death.)
Kampala officially became a BRICS member on Jan. 1, joining eight other countries whose applications for admission were approved last October during the blocās 16th annual summit in Kazan, Russia.
āThe United States and European Union, whenever they impose sanctions, expect all those other countries to make sure they abide by those sanctions and if you donāt, you face penalties or even they sanction you,ā Oryem said.
Oryem spoke before parliamentās Foreign Affairs Committee on Tuesday.
MPs asked him to explain the circumstances that led Uganda to join BRICS and the countryās financial obligation from the membership.
āNow because of that and the recent events, you have realized that the United States and European Union have started freezing assets of countries in their nations without UN resolutions which is a breach of international world order,ā Oryem said. āUganda canāt just standby and look at these changes and not be part of these changes. It will not be right.ā
Oryem also said President Yoweri Museveniās Cabinet discussed and approved the matter before he directed the Foreign Affairs Ministry to write to the BRICS Secretariat about admitting Uganda into the bloc.
The U.S. and other Western governments condemned Museveniās decision to sign the Anti-Homosexuality Act, and announced a series of sanctions against Kampala.
Washington, for example, imposed visa restrictions on government officials who championed the Anti-Homosexuality Act, re-evaluated its foreign aid and investment engagement with Uganda, including the Presidentās Emergency Plan for AIDS Relief (PEPFAR), and reviewed Kampalaās duty-free trade with the U.S. under the African Growth and Opportunity Act for sub-Saharan African countries.
The U.S. in May 2024 imposed sanctions on House Speaker Anita Among and four other senior Ugandan government officials accused of corruption and significant human rights violations.
Although the EU criticized the enactment of the Anti-Homosexuality Act, the 27-member bloc did not sanction Kampala, despite pressure from queer rights activists. The state-funded Uganda Human Rights Commission and several other human rights groups and queer activists, meanwhile, continue to pressure the government to withdraw implementation of the law.
UHRC Chair Mariam Wangadya, who called on the government to decriminalize homosexuality last month, has said her commission has received reports that indicate security officers who enforce the Anti-Homosexuality Act have subjected marginalized communities to discrimination and inhuman and degrading treatment
āAs a signatory to several international and regional human rights conventions, Uganda is committed to ensuring non-discrimination and equality before the law,ā Wangadya said. āAt the domestic level, Ugandaās constitution, under Article 21, prohibits discrimination based on gender, ensuring equality before the law, regardless of sex, race, ethnicity, or social status.ā
Museveniās son comes out against Anti-Homosexuality Act
Museveniās son, Army Chief General Muhoozi Kainerugaba, has also emerged as a critic of the Anti-Homosexuality Act.
āI was totally shocked and very hurt. Japanese are warriors like us. I respect them very much. I asked them how we were oppressing them. Then they told me about the AHA,ā he said on X on Jan. 3 while talking about how the Japanese questioned him over Ugandaās persecution of queer people during his recent visit to Tokyo. āCompatriots, let’s get rid of that small law. Our friends around the world are misunderstanding us.ā
Kainerugaba, who is positioning himself as Museveniās successor, had already declared an interest in running for president in 2026 before he withdrew last September in favor of his 80-year-old father who has been in power for more than three decades.
In his X post, Kainerugaba also indicated that āwe shall remove this Anti-Homosexuality Act in 2026.ā He left the platform six days later after his posts threatened Ugandaās diplomatic relations.
āThey (gays) are sick people, but since the Creator made them … what do we do? Even ākibokoā (whips) might not work. We shall pray for them,ā Kainerugaba said.
The Supreme Court is currently considering a case that challenges the Anti-Homosexuality Act. The Constitutional Court last April upheld the law.
Cameroon
Prominent Cameroonian activist faces terrorism charges
Alice Nkom ordered to appear before National Gendarmerie
![](https://www.washingtonblade.com/content/files/2025/01/Alice_Nkom_insert_via_Facebook.jpg)
A prominent LGBTQ activist in Cameroon is facing terrorism charges.
Alice Nkom, a human rights lawyer and board president of RĆ©seau des DĆ©fenseurs des Droits Humains en Afrique Centrale, a group known by the acronym Redhac that translates to Human Rights Defenders Network in Central Africa, on Jan. 2 received a summons from Cameroon’s National Gendarmerie, or national military intelligence.
The summons follows a complaint that Lilian Engoulou, general coordinator of the Observatory for Societal Development, filed.
Engoulou has accused Nkom of attempting to endanger state security, financing terrorism, and funding separatist groups in the northwest and southwest regions of the country that are fighting for independence from Cameroon.
Nkom in recent months has been vocal over the human rights situation in the country, including LGBTQ rights.
Territorial Administration Minister Paul Atanga Nji last month suspended Redhac and sealed the organization’s offices for alleged illegal and exorbitant funding and lack of compliance with government regulations on how NGOs should be run.
Nkom, however, removed the seals. This action prompted authorities in Littoral province where Redhoc’s offices are located to issue the summons on Dec. 19 after she did not appear.
Nkom has described the summons as a political witch hunt, stating she doesn’t acknowledge the Observatory for Societal Development. Nkom added she broke the seals because authorities placed them illegally.
“At the beginning of the year, a new summons, this time issued by the police, at the request of the military court, with accusations of financing terrorism, following the complaint of an association that I ignore from its existence, its leaders, or even the date of its creation,” she said.
“Human rights defenders are small, fragile but courageous, against the authoritarian and totalitarian drift of a state,” added Nkom. “Like the dikes facing the rising tide of injustice, they stand there firm, despite their vulnerability. I am an advocate, a human rights defender, a humanist. Humanity cannot be divided into categories. We are one, all connected by the same dignity.”
Maurice Kamto, a fierce critic of President Paul Biya who is a lawyer and leads the opposition Cameroon Renaissance Movement political party, said Nkom should not face judicial and political harassment. Kamto offered to represent her pro bono.
“She is an eminent figure in the public life of our country,” said Kamto. “She is fighting many battles. We do not share all these battles, and it is not all her battles that are at issue today.”
Kamto further described Nkom as “an important voice in the public arena of our country.”
“It is therefore, unacceptable that she should be the object of the judicial and political harassment that the authorities are currently inflicting on her,” said Kamto. “We cannot stand by and watch this happen.”
Consensual same-sex sexual relations are criminalized under Section 347 of Cameroon’s penal code with up to five years in prison. A 2010 law states whoever uses electronic communication devices to make “a sexual proposal to a person of the same sex” faces up to two years in prison.
A number of Cameroonians in recent years have been arrested ā and tortured ā for engaging in same-sex sexual relations.
A Human Rights Watch report notes Cameroonian security forces between February and April 2021 arrested at least 27 people, including a child, for alleged consensual same-sex conduct or gender nonconformity. Some of those arrested were beaten.
Biya’s daughter, Brenda Biya, last year posted an image to her Instagram page of her kissing her ex-girlfriend, Layyons ValenƧa, and saying her wish was for them to live in peace as a couple. Brenda Biya deleted the post after it sparked controversy in Cameroon.
Nkom is expected to appear before the National Gendarmerie on Jan. 14, which is also her 80th Birthday.
Comoros
Comoros court convicts lesbian couple, sentences them to months in jail
Country’s penal code criminalizes consensual same-sex sexual relations
![](https://www.washingtonblade.com/content/files/2022/04/scales_of_justice_and_gavel_insert_by_Bigstock.jpg)
A court in Comoros on Dec. 12 sentenced two lesbian women to five and six months in prison respectively after it found them guilty of homosexuality.
Authorities arrested the young couple in June on allegations they engaged in same-sex sexual relations and asked an imam to marry them. The women had been in custody since their arrest, which prompted the judge to release them with time served.
Human Dignity Trust, an international human rights organization, described the couple’s conviction as a violation of human rights.
“The conviction of the lesbian couple calls for increased vigilance,” said the group. “The mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination.”
Susan Dicklitch-Nelson, a researcher at Franklin and Marshall College in Pennsylvania, said LGBTQ people are being used as scapegoats for the current social and economic ills.
“LGBT people remain some of the most targeted and vulnerable people,” she said. “They have been branded as social pariahs and scapegoated for the economic, political, and social ills.”
Article 318 of Comoros’s penal code criminalizes “improper or unnatural acts between persons of the same-sex.” The punishment for engaging in same-sex relations includes a fine, a prison sentence or both, with up to five years imprisonment.
Although the lesbian couple’s conviction and sentencing is a first in the East African country for violating Article 318, Human Dignity Trust said it is not a clear reflection of the current state of LGBTQ people in Comoros.
“There is limited evidence of discrimination and violence being committed against LGBT people in recent years, however, the lack of LGBT organizations and the hostile environment for LGBT people likely contributes to this lack of information,” said Human Dignity trust.
Comoros is an archipelago of just over 1 million people in the Mozambique Channel between Madagascar and Mozambique. Cyclone Chido on Dec. 14 devastated Mayotte, a French territory that is part of the Comoro Islands.
Comoros is predominantly Muslim, which shapes attitudes towards homosexuality in the country. African culture is also seen as contradictory to the idea of same-sex sexual relations, which the country champions. This hostility makes it even more difficult for LGBTQ people to come out and for their families and friends to support them.
Some advocacy groups see growing calls to further criminalize LGBTQ people in East Africa and impose more harsh sentences for consensual same-sex sexual relations has, and will contribute to more legislative crackdowns against the LGBTQ community in Comoros.
Coming out has huge ramifications that can even prompt some LGBTQ people to enter into heterosexual marriages arranged by their families.
Those who decide to come out often take precautions to avoid being noticed. Some even flee Comoros and seek refuge in South Africa, Cabo Verde, and other countries that have decriminalized homosexuality.
Information on LGBTQ people in Comoros, however, is scarce because of the lack of LGBTQ organizations and human rights advocacy groups. The Human Rights Campaign and Human Rights First in a 2014 report suggested there have been at least three convictions under Article 318 of the penal code.
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