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Companies pull out of Uganda, NGOs suspend services after Anti-Homosexuality Act signed

Law punishes ‘aggravated homosexuality’ with death

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LGBTQ and intersex activists protest in front of the Ugandan Embassy in D.C. on April 25, 2023. Companies have pulled out of Uganda and NGOs have suspended their work in the country after President Yoweri Museveni signed the law. (Washington Blade photos by Michael K. Lavers)

The effects of Ugandaā€™s Anti-Homosexuality ActĀ signedĀ by President Yoweri Museveni late last month are already being felt in the country, even though it has been challenged in court.

Some companies have stopped services that violate the new law, while others have suspended theirs pending the courtā€™s decision. Others have staged boycotts in solidarity with Ugandaā€™s LGBTQ community.  

DStv is one of the international media companies that has stopped the airing of gay content in the country to comply with the law banning the promotion of homosexuality.

The sub-Saharan African video entertainment company owned by MuiltChoice Group stated that it abides by every countryā€™s laws in its film and television business of enriching the lives of people in relation to Uganda’s anti-homosexuality law.  

“MultiChoice takes into account all laws and regulations under which we are governed and aims to adhere to those set rules in the countries in which we operate,” the South Africa-based company confirmed to local press the day after Museveni signed the law on May 29.

The Anti-Homosexuality Act contains punitive provisions, such as the death penalty for ā€œaggravated homosexuality,ā€ and a 20-year sentence for ā€œpromotingā€ homosexuality, which MultiChoice wants to avoid in its programming.

The Human Rights Awareness and Promotion Forum, a health-oriented NGO that advocates for equal access to services by all people including LGBTQ persons, has suspended its work over the anti-homosexuality law.  

The organization through a May 30 statementĀ said it suspended its malaria, tuberculosis, and HIV services until the court clarifies the law to avert any prosecution for offering services to LGBTQ people.Ā Ā Ā Ā 

“The board has decided that as HRAPF seeks an interpretation of these provisions from the constitutional court, it will stop work that the government has formally or informally indicated may be illegal under the new law and other work that we suspect may be interpreted as promotion of homosexuality under Section 11,ā€ the statement reads. 

Uganda’s NGO Bureau in January listed HRAPF among the civil society organizations under investigation on allegations of promoting homosexuality, which was not recognized as an offense before the new law came into effect.Ā 

ā€œNo details were given as to why HRAPF was being investigated, and this leaves us in the dark as to why we were being investigated,ā€ reads the statement by HRAPF Executive Director Adrian Jjuuko. 

The organization is among other petitioners that are challenging the legality of numerous contentious clauses in the anti-gay law including reporting gay suspects to the authorities under Section 14.  

Persons who report the suspects are guaranteed state benefits like protection from punishment as whistle-blowers. 

The harsh law on LGBTQ people has also impacted the once busy U.S.-funded HIV/AIDS treatment center in Kampala, the Ugandan capital, because patients fear the police will identify and arrest them. 

The new law criminalizes consensual same-sex sexual relations with life imprisonment while transmitting HIV, which falls under the law’s “aggravated homosexuality” provision, carries the death penalty.

The deserted clinic always received a minimum of 50 patients daily for HIV/AIDS preventive services like condoms and antiretroviral therapy. Service providers are therefore concerned over a potential spike in HIV/AIDS cases. 

The clinic has been instrumental in the fight against HIV in the country where 1.4 million people live with the virus and 17,000 annual deaths from the disease, according to the latest figures by Uganda’s AIDS Commission. 

Prominent author turns down invitation to speak at Ugandan university

Mukoma wa Ngugi, a U.S.-based Kenyan author and professor of English literature at Cornell University, has boycotted an invite he received from Makerere University, Uganda’s premier university, to give a public lecture in August.

Wa Ngugi, a son of the globally-celebrated Kenyan writer Ngugi wa Thiongā€™o, said he decided to boycott lecture in solidarity with LGBTQ people in Uganda on grounds that the Anti-Homosexuality Act curtails freedom of expression.Ā Ā Ā 

“The anti-gay bill passed in Uganda is gratuitous in its cruelty,” said Mukoma. “It criminalizes the human body, speech, thought, intent, literature, music and language. In short, it criminalizes culture itself while claiming to be protecting African culture.ā€

He reiterated that the new law censures him from sharing his works; such as his poem supporting LGBTQ Africans, thus conflicting with his artistic honesty and integrity. Wa Ngugi noted that forbidding peopleā€™s gender identity should not be tolerated since it is like ā€œoutlawing humanity.ā€

“How does just being who are you become illegal? Should we not be protecting and celebrating our sexual diversity?” Mukoma posed. 

He accused Museveni of leading the country to the wrong path of ā€œanti-decolonizationā€ through the anti-gay law. Wa Ngugi also likened Ugandaā€™s decision to criminalize homosexuality to what is happening in Florida ā€œwhere being gay, or Black, or an immigrant or woke is an anathema.ā€  

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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 ā€œMamba,ā€ they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

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

Biodunā€™s experience isnā€™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. 

ā€œSometimes, I often wonder how they learned about these platforms,ā€ Daniel, which is not his real name, told the Blade. ā€œYou would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.ā€Ā 

One time, someoneā€™s bio read, ā€œI’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.)ā€ 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. 

ā€œBefore the removal of the screenshot option, I usually shared photos of others with my trusted friends,ā€ Biodun shared. ā€œBut since that was taken off, there was no way for me to do that.ā€ 

Although, according to Grindrā€™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 personā€™s data in a Census.Ā 

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.

Mukizaā€™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 3Ā refusedĀ to ā€œnullify the Anti-Homosexuality Act in its totality.ā€)

ā€œWe 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,ā€ said Dunstan Balaba, the permanent secretary in the prime ministerā€™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 countryā€™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.

ā€œIt 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,ā€ 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 SIPDā€™s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex peopleā€™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 SIPDā€™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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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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