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UNAIDS: Anti-LGBTQ laws in Africa could prompt spike in HIV cases 

Ugandan President Yoweri Museveni in May signed Anti-Homosexuality Act

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LGBTQ and intersex activists protested in front of the Ugandan Embassy in D.C. on April 25, 2023. (Washington Blade photos by Michael K. Lavers)

The U.N body on the HIV pandemic has raised concerns over a spike in the disease among gay and transgender people in eastern and southern Africa due to harsh anti-homosexuality laws.

The UNAIDS in its latest 2023 Global AIDS Update report released last month notes laws criminalizing consensual same-sex relations have remained a major obstacle in preventing and treating HIV among the LGBTQ community. These statutes have been enacted in the region the disease has impacted the most and in a part of Africa that has seen significant progress in reducing the number of new HIV infections. 

New HIV infections have dropped by 57 percent and AIDS-related deaths have decreased by 58 percent among heterosexual people since 2010. 

“HIV incidence has reduced substantially by 73 percent since 2010 among adult men aged 15–49 years, but it is not declining among gay men and other men who have sex with men,” reads the 196-page UNAIDS report. 

HIV prevalence in 2022 around the world was 11 times higher among gay men aged 15-49 years, compared to heterosexual men within the same age bracket and 14 times higher among trans people. 

The report reveals the HIV prevalence among gay men stands at 12.9 percent and 42.8 percent for trans persons in 21 of 24 surveyed countries in eastern and southern Africa where a total of 20.8 million people in live with the virus. 

The disease remains rife among gay men and trans people and efforts to combat it among the aforementioned population continues to lag because of stigma and discrimination in accessing equitable HIV care from anti-homosexuality laws in Uganda, Kenya, Tanzania and in other countries.   

A total of 67 countries in the world criminalize homosexuality, with nearly half of them being in Africa. Twenty countries criminalize trans people.

A recent survey in 10 sub-Saharan African countries showed HIV prevalence among gay men was five times higher in countries that criminalize consensual same-sex relationships compared Rwanda and South Africa and other nations that don’t. 

The survey also notes HIV prevalence was 12 times higher in countries that use anti-homosexuality laws to prosecute gay men, compared to nations without such prosecutions. It also notes HIV prevalence was more than nine times higher in countries that curtail the operations of pro-LGBTQ civil society organizations, compared to nations that do not obstruct them. 

UNAIDS Executive Director Winnie Byanyima noted HIV/AIDS killed one person every minute last year. She also called for stronger collaboration and equality to end the disease by 2030. 

“HIV responses succeed when they are anchored in strong political leadership to follow the evidence, tackle the inequalities holding back progress, enable communities and civil society organizations in their vital roles in the response and ensure sufficient and sustainable funding,” she said.    

The UNAIDS report points out gay men and trans people are left out of HIV treatment programs in eastern and southern Africa, where coverage among adult women stands at 86 percent and men at 78 percent. 

The neglect that punitive laws and police harassment exacerbates has, in turn, led to HIV prevention gaps that increase the risk of transmission and limit access to services and sabotages efforts to decrease the impact of the virus among the group. 

Uganda this year enacted the Anti-Homosexuality Act with a death penalty provision for “aggravated homosexuality” and severe punishment for organizations the government claims promote homosexuality. A similar punitive bill is set to be introduced in Kenya’s Parliament. 

Ugandan President Yoweri Museveni’s decision to sign the Anti-Homosexuality Act in May saw a U.S.-funded HIV treatment clinic in Kampala that normally sees dozens of patients a day almost deserted because clients, many of them gay, feared arrest.

“Removal or reform of these laws in line with public health evidence would boost the HIV response and the human rights of people from marginalized populations, particularly, key populations who continue to have much higher HIV prevalence than the general population,” the UNAIDS report states.

In 2022, a total of $9.8 billion meant for universal HIV financing in eastern and southern Africa was spent. Thirty-nine percent of this money was domestic funding, while the rest came from the Global Fund, UNAIDS, the U.S. Agency for International Development and other international donor organizations. Botswana, Kenya and South Africa contributed the largest share of donor funding. 

UNAIDS asks countries to use disaggregated data to effectively identify populations to ensure the LGBTQ community and other key groups are not left out of HIV care since many countries lack programs and size estimates. UNAIDS also requests stronger action against stigma and discrimination at healthcare facilities in order to increase access and use of HIV testing and treatment services by all people, regardless of their sexual orientation.

“Failure to protect people from key populations against HIV will prolong the pandemic indefinitely at great cost to the affected communities and societies,” warns UNAIDS. 

UNAIDS notes Singapore and other countries last year repealed laws that criminalize consensual same-sex sexual relations and trans people and introduced statutes that protect gender identity. UNAIDS, nevertheless, in its report raised concerns over an increase in homophobia and transphobia in countries that prompt the introduction of anti-homosexuality laws.

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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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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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