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African advocacy groups condemn Uganda’s Anti-Homosexuality Act

South African organizations criticize government’s silence

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LGBTQ and intersex rights groups across Africa have condemned the signing of Uganda’s Anti-Homosexuality Act that calls for the death penalty for “aggravated homosexuality.”

Mpho Buntse, a spokesperson for Access Chapter 2, a South African LGBTQ and intersex advocacy organization, said it was very worrisome the South African government did not condemn the law, even though the country is the only one on the continent that fully upholds LGBTQ and intersex rights.

ā€œIt has really been apparent that South Africa would rather protect its diplomatic relations rather than impose on the sovereignty of a country like Uganda. However, we are not dealing with an issue of economic or financial diplomacy, but we are dealing with a human rights crisis. We are dealing with a situation where we could see potential violence being subjected to the LGBTQ+ community in Uganda, but not only to the LGBTQ+ community but the rest of the Ugandan population stands to be affected by this law because even if you don’t identify as LGBTQ+ you will be compelled to report to the state those that you know that identify as LGBTQ+,” said Buntse. “So we find it really problematic that we choose to be just spectators when we could or potentially have played an active role from the start of this.”

Buntse noted Ugandan President Yoweri Museveni, who signed the Anti-Homosexuality Act on Monday, was in South Africa in late February.

“We didn’t seize the opportunity to play an active role, so South Africa is always on a missed opportunity where we are now seeing a country to be a spectator instead of being an ally of the LGBTQ+ community,ā€ added Buntse.

Bruce Walker of Pretoria Pride, another South African advocacy group, said he was not surprised by the government’s stance.

“They are showing their true colors,” said Walker. “The governing party is full of homophobes. It’s written in the constitution, the rights for the LGBTQI+ community, but they never support the LGBTQI+ community. They flatly ignore it. You either support and respect our constitution or not but as it stands they do not. They are far too scared to take a stand.ā€Ā 

Gays And Lesbians of Zimbabwe also condemned the law, saying it violates human rights.

ā€œThis law blatantly violates the human rights of LGBTQ individuals in Uganda including the right to privacy, freedom from discrimination and the right to equal protection under the law We stand shoulder to shoulder with the Ugandan LGBTQ community through this difficult time,” said GALZ in a statement. “We call on the Ugandan leadership to engage in constructive dialogue,Ā and to work towardsĀ solutions that are inclusive and respectful to all individuals.ā€

Lesbians, Gays and Bisexuals of Botswana, like GALZ, also condemned the law and expressed solidarity with LGBTQ and intersex Ugandans.

ā€œIt’s a great disappointed to have the president assent the Anti-Homosexuality Bill,” said LEGABIBO. “To all LGBTIQ+ identifying persons in Uganda, we stand in solidarity with you.ā€

East Africa Trans Health and Advocacy Network also castigated the law. EATHAN, like LEGABIBO and GALZ, said it will continue to stand up for LGBTQ and intersex rights in Uganda.

ā€œSad day for LGBTIQ Ugandans. We stand with our trans, intersex and nonbinary Ugandans and the entire LGBTIQ community. We must keep fighting and have the law declared unconstitutional,ā€ said EATHAN.

We Are All Ghana, a Ghanaian LGBTQ and intersex rights group, in its reaction said the community in Uganda and across Africa should not be silenced.

ā€œAs we stand in solidarity with the Ugandan queer community, let us remind ourselves as the Ghanaian LGBTQ+ community and Africans as a whole that we must not allow ourselves to be bullied into silence. our rights are as human as anyone else’s,ā€ said We Are All Ghana.

Shemerirwe Agnes, executive director of Africa Queer Network, a Uganda-based advocacy group, said there was nothing anyone or any particular organization could have done to dissuade Museveni from signing the bill.

ā€œWe are being attacked and killed since that bill was passed because the society and the police thought that just because that bill was passed it was now law so one would think that just because it’s now law then it’s now going to be implemented,” said Agnes. “It was implemented even before it was signed into law there is nothing we can do now because President Museveni doesn’t listen to anyone.ā€

U.S. President Joe Biden is among those who have also condemned the Anti-Homosexuality Act.

The White House has announced it will “evaluate” the law’s implications and how it may impact U.S. aid to Uganda. Advocacy groups, meanwhile, have challenged the Anti-Homosexuality Act in the Ugandan Constitutional Court.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Africa

South African police arrest seven men linked to kidnapping of Grindr users

Advocacy groups welcomed arrests, urged authorities to investigate other cases

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(Photo by Rarraroro via Bigstock)

South African LGBTQ organizations have welcomed the arrest of seven suspects linked to a series of kidnappings liked to Grindr.

Several Grindr users in South Africa in recent months have been kidnapped for ransom through the dating app.

The South African Police Service said the seven suspects were arrested following an investigation into the kidnapping of an 18-year-old Wits University student on Sept. 19.

SAPS said suspects demanded $1,500 for the student’s release. Authorities set up a sting operation and a breakthrough came on Sept. 20 when they identified an ATM where one of the suspects was expected to withdraw the ransom money. Officers placed one of the suspects under arrest as soon as he arrived, and he agreed to show them where the victim was being held captive.

“The student was reported missing the same day by his roommate. It is reported that he was lured to the suspects through a dating site called Grindr,” said SAPS spokesperson Brenda Muridili. “Afterwards, the police conducted surveillance and arrested one suspect as soon as he arrived. He then led the authorities to the Denver Men’s Hostel (in Johannesburg), where they discovered the 18-year-old victim bound and unconscious. Six additional suspects were apprehended, and the victim was rushed to the hospital for medical attention.” 

Muridili also said there is a high possibility that the suspects are further linked to 86 similar Grindr-related cases.

“We cannot rule out the possibility because this is not the first case of its kind,” said Muridili. “We have several cases that are being investigated.”

Access Chapter 2 Media Liaison Officer Mpho Buntse said the organization welcomed the arrest, but it still worried about why such incidents continue to take place.

“We congratulate SAPS in Johannesburg for acting swiftly in arresting seven homophobes who have been using Grindr, to terrorize and torture their victims. We believe that this arrest is a firm demonstration of the force’s commitment to confront crimes of this nature. As an organization, we have been vocal in calling for swift action, as many of these cases have been reported to the organization,” said Buntse. “However, we are deeply concerned at the sporadic nature of these syndicates. Not so long ago, we celebrated the arrest of the initial Grindr kidnapping and extortion group in the area of Johannesburg, which gave rise to this newly arrested group. It raises a sharp concern as to why these groups keep emerging.”

Gauteng Police in February arrested four men who they say used Grindr to extort and victimize LGBTQ people.

“We continue to call upon members of the community, gay men in particular to limit the use of the application where it poses threats, we further acknowledge the erotic justice due to queer persons and the freedom to associate without fear and prejudice,” said Buntse. “We also commend Grindr for listening to the call to strengthen the safety of the app.”

Out Human Rights Coordinator Sibonelo Ncanana echoed Buntse, but questioned why the police are not actively investigating similar cases in other provinces.

“We are happy that seven suspects have been arrested but we need that same swiftness that happened in Gauteng to also transpire in other provinces because there are other similar cases that have not been solved or investigated that involve Grindr,” said Ncanana. “This worries us a lot but we are grateful and appreciate the swift response of the police hopefully it will extend to other provinces.”Ā 

Ruth Maseko of the Triangle Project said LGBTQ people continue to be targeted because of their place in society, even though Grindr and other dating apps have issued warnings to their users.

“Although no dating app is necessarily safe, LGBTIQ persons can be viewed by prospective suspects as easy targets because of the stigma surrounding orientation and identity,” said Maseko. “This means that it may be the thinking of perpetrators that LGBTIQ people will not report these incidents and give in to extortion.”

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Kenyan lawmaker’s bill would further crackdown on LGBTQ rights

Provisions include 50-year prison sentence for gays and lesbians convicted of non-consensual sex

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Kenya flag (Photo by rarrarorro/Bigstock)

A fresh bid to prevent the recognition of and equal rights for LGBTQ people in Kenya through a constitutional amendment has been introduced in Parliament.

The move is in response to this month’s ruling from Kenya’s highest court affirming its February decision that allowed the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization.

Opposition MP Peter Kaluma, an outspoken critic of homosexuality, is the sponsor of the new initiative that is part of tightening the noose on LGBTQ people after the Kenyan Supreme Court dismissed his petition that challenged its February ruling.Ā 

Kaluma wanted the ruling reversed since the National Gay and Lesbian Human Rights Commission advocates for homosexuality, which is against the law, and sought the court’s clarification on the term “sex” to exclude LGBTQ persons.  

Kaluma has already written to National Assembly Speaker Moses Wetang’ula, notifying him of his proposal to have the term ā€œsexā€ redefined in the constitution by repealing Article 259 (4) which judges perceive to also include consensual same-sex sexual relations. 

ā€œThis will seal the constitutional gaps the courts are exploiting to introduce homosexuality into the country under the guise of ā€˜judicial interpretation’ and secure the legislative mandate retained in Parliament and constitutional-making power remains with the people,” Kaluma said. 

He faults the judges for interpreting the term “sex” under Article 27 (4) of the constitution to also refer to sexual orientation of any gender, whether heterosexual, lesbian, gay, intersex, or otherwise, not to be discriminated from sexual identity. 

The controversial court’s verdicts have sparked an uproar in the country since Article 45 of the constitution only recognizes consensual opposite-sex sexual relations and Section 162 of the penal code criminalizes consensual same-sex sexual relations.Ā 

In redefining ā€œsexā€ in law, Kaluma wants the term to be limited to the biological state of being male or female as assigned at birth and not ā€œforeign sexual orientation and gender identity ideologyā€ which he argues the judges based on wrongly. The MPs proposal to redefine sex, however, would not impact intersex people in Kenya since their recognition and sex identity are protected under a landmark law that took effect in July 2022. 

Kaluma notes that the court’s ruling renders sex/gender fluidity away from the biological state of being male or female ā€œto over 150 current gender categories abbreviated as LGBTQ+” which has serious consequences for women in terms of equality.     

“The courts, unelected arms of government not directly accountable to the people, have been the weakest link in the battle for family values across the world. The Supreme Court of the United States failed the Americans and the European courts have failed the Europeans,” the MP said.  

Kaluma, who has also sponsored a stiffer anti-homosexuality bill that awaits introduction in the House, added ā€œwe are in a war not only to save our society but to salvage humanity from the LGBTQ+ perversionā€. 

The lawmaker has also sought to strengthen his anti-homosexuality measure by adding punitive clauses, including one that would impose a maximum sentence of 50 years in prison for gays and lesbians who are found guilty of engaging in non-consensual sex. Other provisions include a ban on gay Pride parades, assemblies, street marches, cross-dressing in public and all LGBTQ-related activities.

The MP has also proposed proposes a fine of $14,000 or a 7-year prison sentence for owners of premises used for same-sex sexual practices. 

ā€œI urge all persons and institutions of goodwill to stand firm and ready themselves to fight against homosexuality. Even when we don’t win before the courts as is the case across the world, I am certain we will win before the people’s representatives in parliament,ā€ Kaluma stated. 

Muslim and Christian religious authorities last Saturday staged anti-homosexuality protests in the coastal city of Mombasa, which is the country’s second largest city. Protesters condemned and denounced the Supreme Court’s ruling and asking President William Ruto to ā€œunequivocally denounce LGBTQā€ like his Ugandan counterpart, Yoweri Museveni.  

The Kenya Muslims National Advisory Council, a leading Muslim governing body, on Thursday also condemned the Supreme Court and demanded the ouster of Chief Justice Martha Koome and other judges who ruled in favor of the LGBTQ community. The group argues the ruling offends Kenya’s social, cultural and religious beliefs while asking the president and Parliament to be “firm” like Uganda, which enacted a harsh anti-homosexuality law in May.    

A presidential education reform working group last month in a detailed report presented to Ruto after gathering views across the country recommended the teachers’ employers to hire pastors and Imams in elementary and high schools to help fight homosexuality and other so-called immoral practices. This call came after the Education Ministry in March confirmed to MPs its decision to form a Chaplains Committee, led by Kenya’s Anglican Church Archbishop Jackson Ole Sapit, to stop the infiltration of LGBTQ practices in schools.

The working group’s report has yet to be introduced in Parliament.

Kenya’s relentless move to curb homosexuality comes at a time when top government officials, politicians, and during this week’s U.N. General Assembly in New York raised concerns over backlash against LGBTQ and intersex rights around the world.

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LGBTQ Congolese in Kamituga under attack

Advocacy group says gangs, young people target community members

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(Photo by Baloncici/Bigstock)

A Congolese advocacy group says gangs and young people have been attacking LGBTQ and intersex people in Kamituga, a rural area in the eastern part of the country.

Rainbow Sunrise Mapambazuko says traditional chiefs and community leaders, together with the local police, since the beginning of January have been implementing new methods to punish people who they suspect are LGBTQ or intersex.

“Imagine being targeted with mob violence as a form of public punishment for who you are. This is what gangs of youngsters are doing to queer folk in Kamituga, with the complicity of community leaders, customary chiefs and the local police,” said the advocacy group.

The Superior Council for Audiovisual and Communication, Media Regulatory Authority in the country also cautioned all media to desist from what it described as the promotion of LGBTQ and intersex-specific content. The regulatory body has also said any media outlet or journalist who promotes LGBTQ and intersex-specific content could face heavy penalties.

“The severity of anti-LGBT+ hate crimes and homophobic violence suffered by LGBT+ people have left us weakened and forced many to live in hiding. This has also increased our social isolation, worsened our living conditions and hindered our access to health and justice services,” said Rainbow Sunrise Mapambazuko. “We, LGBT+ people in the DRC (Democratic Republic of the Congo), have always lived in an unacceptable situation of serious and systematic violations of our human rights. Our marginalized status denies us any national protection from the abuse of any kind, it excludes us, and it puts us beyond the reach of our fundamental rights but these new forms of public torture are brutalities never before seen, not even in the DRC.”

Rainbow Sunrise Mapambazuko also said LGBTQ and intersex people are publicly used as a source of discrimination in the name of protecting Congolese mores.

“Our sexual orientation and gender identity are used publicly as a source of discrimination, prejudice and rejection and unjust regulation in the name of protecting Congolese mores and customs,” said the group. “They have set up groups of young people in every locality for a veritable manhunt. LGBT+ people who are caught are beaten and publicly stripped in order to punish them and make them change their sexual orientation or gender identity,”

Rainbow Sunrise Mapambazuko has started a petition to end the violence against LGBTQ and intersex people in Kamituga, even though it acknowledges there is no hope these attacks will stop.

LGBTQ and intersex Congolese continue to suffer violent attacks from government officials, society, religious sects and traditional chiefs. 

The Washington Blade in January reported M23 rebels in Congo’s North Kivu province forcibly displaced a number of transgender people. A local activist said residents of a refugee camp refused to help them, in part, because they consider them to be “sorcerers, bad luck charms and of being the origin of the war following their evil practice.ā€ 

There is no specific law that criminalizes consensual same-sex sexual relations in Congo apart from marriages between people of the same-sex. Congolese MPs in recent years have called for the enactment of laws that specifically criminalize any form of same-sex relations or those  who advocate for them. 

Congolese who identify as LGBTQ or intersex are not open about their sexual orientation or gender identity because they are afraid they will be attacked. Those who are open about their sexuality often face hostility, widespread discrimination, rejection, social exclusion and harassment. 

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