Africa
Intersex Kenyans see significant gains since landmark law took effect
MPs approved statute last year
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.
Africa
Burundi’s president reiterates LGBTQ people should be stoned in a stadium
Ćvariste Ndayishimiye first made comment last December
Burundian President Ćvariste 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 partyās 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 Burundiās 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 Assemblyās 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.
Africa
Ugandan appeals court upholds ruling that blocked LGBTQ group from registering
Decision ‘doesn’t faze us’
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 doesnāt 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.
Africa
Prominent Angolan activist found dead in his home
Authorities say Carlos Fernandes showed signs he was strangled
Authorities in Angola on Feb. 26 found a prominent activist dead in his home.
AssociaĆ§Ć£o Ćris 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 Ćris 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 (Presidentās 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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