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Kenyan LGBTQ groups seek representation in government human rights body

New report documents lack of employment opportunities, limited access to financial system

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Kenya flag (Photo by rarrarorro/Bigstock)

Kenyan advocacy groups are demanding representation in the country’s government-funded human rights body in order to champion their interests in a bid to end inequality and discrimination against them.  

The groups that advocate on behalf of lesbians, bisexuals, queer and gender non-conforming people in a report released in May note their exclusion from the Kenya National Commission on Human Rights representation has contributed to the elusive realization of equal rights that other citizens enjoy.

The report, dubbed “An Economic Justice Report for LBQGNC in Kenya,” details continued discrimination against LGBTQ Kenyans in employment opportunities, financial services and government social empowerment funding.

This situation is despite the country recording progressive women’s economic inclusion, whose rate, according to Kenya’s Bureau of Statistics data, is 40 percent in urban areas and 22 percent in parts of the country. This figure is attributed to favorable laws and policies that allow equal and active participation of women in economic activities.  

The report notes discrimination against queer people in employment in both public and private sectors due to homophobia has forced most of them to become entrepreneurs, including models, with some benefiting from the government’s social empowerment funding.  

“The Kenyan government should ensure that a minimum of one commissioner is included in the makeup of the Kenya National Commission on Human Rights whose focus will be to represent all members of the LGBTQ+ community,” the 52-page report reads.

The Kenya Human Rights Organization, which advocates for equal rights, regardless of one’s gender identity and sexual orientation, had made a similar demand to help address anti-LGBTQ discrimination. 

The push to have an LGBTQ representative comes at a time when intersex people in Kenya have a commissioner on the KNHCR who advocates for their rights following their recognition in law last year as the country’s third sex. 

To address the problem of discrimination in employment, the report wants the government and other relevant players to establish an employment agency for the queer community to help form networks among LGBTQ-friendly businesses.

“Financial institutions could also support LBQGNC businesses by providing attractive interest rates for loans and reasonable repayment deadlines. This can be better achieved through partnerships with LGBTQ+ organizations to help identify businesses run by LBQGNC persons,” the report reads.  

It urges banks and other financial institutions to set up departments or teams in charge of identifying and addressing LGBTQ Kenyans’ financial needs, reviewing provisions that limit their access to certain products and services. This includes limitations to opening joint accounts that are only open to heterosexual married couples, the decriminalization of consensual same-sex sexual relations and legal recognition of same-sex partners.

The report, whose data collection entailed desktop research and interviewing of LGBTQ people in Nairobi, the Kenyan capital, and cities that include Mombasa and Kisumu, notes continued discrimination based on sexual orientation and gender identity continues to have an impact in education: LGBTQ people face expulsion from school, bullying and stigma. 

The rejection and discrimination against LGBTQ people, according to the report, starts with the family, relatives and the community, where they are sometimes subjected to forced moral “conversion” to confirm to society.

“From a human rights perspective, practices such as conversion ‘therapy’ ought to be denounced, with many countries having taken steps towards ensuring its eradication within their jurisdictions,” the report reads. 

The so-called conversion therapy methods are varied and may include electro-shock therapy and forced administration of medication to induce drowsiness and lethargy, one of the survivors who also almost died said. 

“This is the sad reality faced by too many LBQGNC people in Kenya to this day, at the basis of which is the religious, cultural, and overall societal discrimination against the people in this community,” reads the report. 

Kenya’s Education Ministry in March established a Chaplains Committee comprising religious leaders from various denominations to provide counseling to students who identify as LGBTQ to stop its so-called infiltration in schools. The controversial Supreme Court ruling in February that allowed LGBTQ NGOs to register prompted this decision. 

The ruling, which has been appealed to the attorney general, sparked criticism from clerics and political leaders since Section 162 of the Penal Code criminalizes consensual same-sex acts with 14 years prison term.   

The LGBTQ rights groups want Kenya’s new curriculum, especially on social ethics and religious education, reviewed and to embrace sexual orientation and gender identity by recognizing LGBTQ people as normal and not “social outcasts.”

“Additionally, ensure that the school environment fosters respect for all people, human rights, and each child’s family values in an atmosphere of understanding, tolerance, and equality,” the report states. 

The report asks the government to require all schools to have anti-bullying policies that protect LGBTQ persons and teachers undergo training on diversity and inclusion to promote gender equality. The groups also want the government to guarantee equal access to reproductive healthcare and HIV/AIDS information and treatment that recognizes and respects the needs of LGBTQ people. 

The report also seeks a policy paper to help health practitioners and medical students how to work with queer 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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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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