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Malawi Constitutional Court considers LGBTQ, intersex rights cases

Homosexuality remains criminalized in African country

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(Bigstock photo)

Malawi’s LGBTQ and intersex community is awaiting for the outcome of two cases currently before the Constitutional Court that could see the legalization of same-sex sexual relations in the country.

The Constitutional Court is currently considering two cases that Wim Akster, a Dutch national, and Jana Gonani, a local transgender woman from Mangochi, brought in order to acknowledge the rights of the LGBTQ and intersex community.

The Constitutional Court on Monday began to hear arguments brought in by the duo’s lawyers as well as state prosecutors. The cases have been adjourned to Aug. 28.

Several religious leaders ā€” including Muslim and Christian ā€” as well as government officials took to the streets of Blantyre, where the cases are being heard, before the hearings began and demonstrated against the legalization of same-sex marriages.

Three local LGBTQ and intersex rights activists during a Zoom meeting that Victor Mukasa, a Malawian human rights activist organized, condemned the demonstrations that were still taking place on Tuesday. The activists said they were sending the wrong narrative to the general public.

“Do they really understand the outcry of LGBT people? We are trying to have an inclusive environment. All these demonstrations have caused panic because all of the LGBT community in Malawi has been pushed back, way back to the primitive laws where they cannot now access amenities. So, my worry now is whatever is happening right now has the hand of the government behind it,” said Solum Ntogolo, a program officer for the Center for Development of People.

Eric Sambisa, director of Nyasa Rainbow Alliance, noted the Malawi Human Rights Commission and other human rights organizations remain silent. He also said LGBTQ and intersex Malawians cannot seek protection in the country and pointed out even the country’s media is against them.Ā 

“We don’t have any funding to inform the public about this case because the case before the court is not about the legalization of same-sex marriages but about human rights issues, being accorded the same rights like every citizen,” said Sambisa. “Furthermore, we are going through a difficult time because accessing social amenities is now very difficult. Even the police are not attending to our cases. Our offices were ransacked last month by unknown assailants and the police are not doing anything even us activists we are being attacked.” 

Ousman Kennedy, a lawyer and human rights activist, said he only wanted to comment on the facts presented in the cases.

“We can’t comment on the case itself but I will comment on the facts,” said Kennedy. “The first case is about a trans woman who was arrested in 2021 September in Mangocha. She went through an unconsented genital verification exercise by a male officer in Mangocha. She was also placed in a male cell and sent to a hospital to confirm whether she was mentally challenged as identifying as trans was a sign of insanity in the eyes of the police and the second case is about acknowledging the rights of the LGBTQ+ community. So, it’s about constitutional violation because the constitution guarantees the right of liberty to everyone.”Ā 

“Moreover, what happens between two people in their personal or private space should not be the business of the state,” he added. “The state has serious issues to deal with such as corruption and other pertinent issues like the fuel crisis, not dealing with things that concern the general public. What is happening to the LGBTQ+ community in Malawi is unconstitutional.” 

Kennedy also said the demonstrations that have been taking place show the government is against the LGBTQ and intersex community.

“We were surprised to see the Information Minister being part of the religious demonstrations what kind of message is it sending to the people? So to us, the government is supporting these religious leaders,” he said.

Malawian law currently criminalizes consensual same-sex sexual relations with up to 14 years in prison.

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Queer Kenyans decry homophobia in churches

Community urged to be proactive in countering violence

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Kenyan PresidentĀ William Ruto.

Kenyaā€™s LGBTQ community has decried homophobia in the countryā€™s places of worship leaving some of them with the option of embracing a new queer-friendly church in the capital Nairobi.

The queer people, while sharing homophobic experiences they encountered in Kenyan churches, stated that clerics and other believers have weaponized religious faith as a tool of violence against them.

This hate and discrimination, according to the LGBTQ community, has driven most of them into religious trauma and they are seeking spiritual refuge in the Cosmopolitan Affirming Church (CAC), which is open to queer individuals.   

ā€œAs a pastor, I have worked in a [religious] space that as someone who I identify myself as a queer priest, I have been excluded from that very space out of lies that lack the truth to justify my exclusion,ā€ said Godfrey Adera, an associate pastor at CAC.   

Adera spoke during the International Day commemorating victims of violence based on faith and belief marked last Thursday where more than 1,700 queer Kenyans engaged in an X forum.

The forum organized by the National Gay and Lesbian Human Rights Commission (NGLHRC) noted that Ugandaā€™s enactment of the draconian anti-homosexuality law last year has contributed to an increase in homophobic hatred and discrimination in Kenyan churches.

ā€œI have seen a queer person talk about how he was in a church just last week and there were overtly no queer undertones going on in the church and the pastor unprovoked spoke about how he supports President Yoweri Museveniā€™s decision to deal with gays in Uganda, which is basically calling for a lot of homophobic violence,ā€ said Elle Khaoma, the forumā€™s moderator from NGLHRC.

The queer community also noted that the plan by Kenyaā€™s opposition MP Peter Kaluma to introduce a punitive anti-homosexuality draft law in parliament and supported by religious leaders and others has increased homophobic hate and stigma in places of worship.

Such actions have seriously impacted the LGBTQ community in terms of religious trauma, mental health, falling away from faith, feeling discriminated against and being perceived as outcasts, and battling stigma to the point of dying by suicide, according to experiences shared by several queer persons.

Some disclosed they decided to flee their homes after being disowned by their parents and siblings for identifying as LGBTQ contrary to religious faith and belief their families and churches subscribe to.

ā€œAfter the hate and discrimination, I started to recognize my religious trauma. My motivation to overcome it has been that Iā€™m not alone as a queer person to be impacted by religious trauma,ā€ said Wanjiku, a journalist and lawyer.

She reiterated that sharing experiences with other queer persons about religious trauma from various churches, how they have dealt with it, and deconstructing hateful religious ideologies have helped her overcome the stigma.

Pastor Adera affirmed that queer persons should first acknowledge that religion and belief are used as a tool of violence in diversity to target them.

ā€œAfter acknowledging, it is important to ask critical questions by interrogating the scriptures and finding alternative messages of love, justice, fairness, and God the creator of all humanity then making these messages more heard than the messages of hurt and hate that come with religious narratives,ā€ he said.

He stated that alternative and balanced scriptures that promote inclusivity, diversity, and love that every church should stand for are what the Cosmopolitan Affirming Church teaches to demystify religious narratives of hate against queer individuals in mainstream churches.    

ā€œReligion comes with social control in terms of shaping what morality and norms look like and how we relate to each other, which is not a positive thing as it forms the basis of excluding other people like the queer,ā€ Adera said. ā€œIt needs to be talked about and challenged in queer forums and advocacy by calling out people using religion to fuel bigotry, hate, and hurt in the nation.ā€

The CAC cleric asked the queer persons to take religion seriously since it has a huge influence on society and also urged them to examine it critically to push for inclusive conversations and accommodative norms to enhance social cohesion.  

Adera assured the queer Christians that CAC is one of their alternative religions with resourceful materials like theological books, articles, and scriptures that are interpreted to suit their faith and belief.   

ā€œMainstream churches have been more of gatekeepers by barring us, the queer persons, from experiencing our religious beliefs like other believers,ā€ he opined.       

During the forum, the queer persons were advised to have trusted and supportive allies who readily come to their protection and deconstruct religious narratives of hate and homophobia passed from generation to generation.     

The LGBTQ community was further urged to be alert and proactive in countering legal, social, and cultural norms or violence that come with religious stigma both at small and large scale.

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Transgender woman reaches final of Miss Universe Mauritius pageant

Michelle Karla among top 15 finalists

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Michelle Karla (Photo courtesy of Michelle Karla)

LGBTQ activists in Mauritius have applauded Michelle Karla, the first transgender woman to reach the final of the Miss Universe Mauritius pageant that took place on Aug. 10.

Karla was among the top 15 finalists who were vying for the ultimate crown, which Tania RenƩe, a cisgender woman, won.

“Queer visibility has often been weaponized against the LGBTQ community and the participation of Karla in Miss Universe Mauritius one year after the advancement of the transgender rights project where trans people have started being positively represented is a powerful message and symbol of a door being opened by us for us,” said Hana Telvave, an LGBTQ activist. “It is important that we back Karla up so that, she knows that the whole community is behind her and that her participation is courageous in a climate that still encourages online transphobia and online hate speech.” 

Telvave added Karla’s participation in the pageant was a powerful message of hope to other aspiring trans models.

“Now we get to write our own history and our own journeys, and it is through such powerful opportunities where the whole nation can see us perform, represent and being our best where we can in a subtle way start positive change,” said Telvave. 

Telvave noted the Miss Universe organization has allowed trans women to compete since 2012, but added “it took a long time for one transgender woman to join Miss Universe Mauritius, and it shows the gap between our administrative and legal systems.”

However, this is a powerful message of hope but it also shows us how much work we still have to do when it comes to legal gender recognition so that people can freely express their gender identity, and their dreams,” added Telvave.

Daniel Wong, another LGBTQ activist, said Karla’s participation in the beauty pageant is an epitome of the inclusion of LGBTQ people in society.

“This is a true and real example of inclusion that says much about moving into the right direction for the advocacy work for transgender persons to acquire equal civil rights,” said Wong. “The participation of Karla is a milestone that values and respects all transgender women wishing to participate in future beauty pageants. Hats off to the Miss Universe Mauritius organization for that bold and pioneer move of supporting the LGBTQIA+ cause in Mauritius.” 

Wong, however, criticized the lack of full consultation of LGBTQ people and organizations in the drafting of the Gender Equality Bill, which would ban discrimination based on gender identity in Mauritius.

“Long is the way though, as the policy makers in Mauritius are demonstrating a lack of political will as the Gender Equality Bill is not being given its due recognition because most of the civil society organizations are yet to be consulted,” said Wong.

Miss Universe Mauritius says Karla is the first trans woman to work in the country’s financial sector, and is studying to become Mauritius’s first trans flight attendant. She is also the vice treasurer of the Young Queer Alliance, and has won several pageants that include Miss Fashion Mauritius 2015 and Miss Universe T International 2023/2024. 

The Supreme Court last October declared unconstitutional Article 250 of the countryā€™s penal code that criminalized consensual same-sex sexual relations. This landmark ruling also paved way for Mauritius’s first Pride month in two years.

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Kenya’s largest LGBTQ advocacy group partners with Grindr

GALCK+ using gay hookup app to educate community about rights

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(Bigstock photo)

Kenya’s largest umbrella LGBTQ organization has partnered with Grindr to allow their members to access vital information about their rights.

GALCK+, which is a coalition of 16 LGBTQ rights groups, announced its partnership with the gay hookup app earlier this month under the Grindr for Equality initiative. GALCK+ is the second LGBTQ rights group in Africa to enter into such a collaboration with Grindr.

Grindr on July 11 announced the partnership with IntraHealth Namibia, a non-profit health care provider in Windhoek, the country’s capital. IntraHealth Namibia is the first African organization to provide Grindr users with essential information on sexual and mental health and safety.

Grindrā€™s collaboration with the two African organizations to provide crucial information to its LGBTQ users directly through the app brings such partnerships to 30 countries around the world. Ā 

ā€œA key pillar of Grindr for Equalityā€™s work towards a world that is safe, just, and inclusive for people of all sexual orientations and gender identities is supporting initiatives that advance safety and sexual health for the LGBTQ+ community,ā€ Grindr said in the latest partnership statement.

Grindr stated its new partnerships with organizations around the world will provide its users access to localized and real-time information on the issues that matter to them via a side drawer on the appā€™s home screen. Ā 

ā€œWeā€™ve also partnered withĀ GALCK+Ā to provide our users in Kenya with in-app access to ā€˜Know Your Rights,ā€™ a safety page designed to empower the Kenyan LGBTQ community by informing them of their rights,ā€ said Grindr.Ā 

GALCK+, while acknowledging the partnership with Grindr, expressed optimism that its ā€˜Know Your Rightsā€™ resource on the platform not only informs LGBTQ Kenyans about their legal rights but also offers critical information about free therapy, handling extortion and other issues.

ā€œThe brand new tab ā€˜Do I Have Rights?ā€™ on Grindr app specifically for our community in Kenya is packed with essential safety and sexual health resources to help you navigate your experiences with confidence and peace of mind,ā€ GALCK+ said on X.  

GALCK+, through its Grindr resource tab, affirms queer rights are human rights meant to promote a position of social and legal equality for the LGBTQ people in society. It further notes the rights highlighted seek to address injustices that queer people face by outlawing homophobic discrimination and violence and pushing for changes to laws for easy access to health, education, public services, and recognition of same-sex relationships. 

GALCK+, however, notes that despite queer people having the same rights as other Kenyans, laws criminalizing consensual same-sex partnerships remain in place. There are laws that protect intersex and transgender people, but they continue to suffer discrimination based on gender identity and sexual orientation. 

The Kenyan LGBTQ group also cites several constitutional provisions and statutes.

ā€œAccording to Article 19 (3) (a), the constitution states that your rights belong to you because you are a human being and are not granted by the state,” GALCK+ states. “Although some rights can be limited in some situations (Article 24), some rights cannot be limited at all.ā€

GALCK+ also highlights to Grindr users Sections 162 and 165 of the Kenyan penal code that outlaw homosexuality by listing sexual activities involved and the fines, including a 14-year prison term if convicted. It notes the two sections affect queer people’s sexual rights because criminalizing consensual same-sex conduct interferes with their lives.

ā€œA personā€™s sexual orientation is an important part of an individual which, when not fully and freely expressed, negatively affects a personā€™s search for happiness,ā€ GALCK+ states.

GALCK+ stresses laws that criminalize adult, private, and consensual same-sex acts contribute to violence and discrimination against individuals on the grounds of their sexual orientation. 

ā€œIn some cases, members of the transgender and intersex community face violence and discrimination after being mistaken for being gay, lesbian, or bisexual,ā€ GALCK+ states.Ā 

It informs Grindr users that identifying as LGBTQ is not a crime because Kenya’s anti-homosexuality laws only criminalize acts, and not identities that are protected freedom of speech and expression under the constitution. GALCK+ also tells Grindr users that an employer cannot fire or deny them employment based on their sexual orientation or gender identity. 

ā€œAccording to the Employment Act, it is the duty of the government and an employer to promote equality of opportunity between employees,ā€ GALCK+ states.

The Employment Act covers equal chances of being employed; promoted; and equal treatment in the workplace without any form of discrimination, although it does not explicitly mention sexual orientation. 

GALCK+ also educates Grindr users about their right to shelter without discrimination by a landlord based on their sexual orientation, gender identity, or expression under Article 43 (1) of the constitution. It states that every person has the right to ā€œaccessible and adequate housing, and reasonable standards of sanitation.ā€

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