Africa
UNAIDS: Anti-LGBTQ laws in Africa could prompt spike in HIV cases
Ugandan President Yoweri Museveni in May signed Anti-Homosexuality Act
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.
Uganda
Ugandan court awards $40K to men tortured after arrest for alleged homosexuality
Torture took place in 2020 during COVID-19 lockdown
A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.
The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”
“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”
The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.
“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.
The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”
Consensual same-sex sexual relations remain criminalized in Uganda.
President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.” LGBTQ activists continue to challenge the law.
Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”
Nigeria
Four men accused of homosexuality beaten, chased out of Nigerian city
Incident took place in Benin City on Nov. 17
Four young men have been beaten and chased out of a Nigerian city after they were found engaging in consensual same-sex sexual activity.
An angry mob paraded the four men, who were only wearing boxing shorts, down Nomayo Street in Benin City, the capital of Edo state, on Nov. 17. One of them had a visible deep cut on his forehead as a result of the beating.
The mob threatened to kill them if they were to return to the city. It also questioned why they were “into” homosexuality when there were many women in the area.
Samson Mikel, a Nigerian LGBTQ activist, said the attack was misdirected anger.
“Benin City is one of the backward places in Nigeria and a dorm for scammers and other crimes, the people are proud of their roughness, they are never concerned about these other crimes or how the government is impoverishing them, but will light gay men on fire the moment they think,” said Mikel. “All they want is to live and experience love. They are not the cause of the economic meltdown in the country, neither are they the reason why there are no jobs in the streets of Nigeria.”
Attacks like the one that happened in Benin City have been happening across Nigeria — the latest took place in Port Harcourt in Rivers state last month.
Section 214 of the Criminal Code Act on Unnatural Offenses says any person who has “carnal knowledge of any person against the order of nature, or has carnal knowledge of an animal, or permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony” and could face up to 14 years in prison.
Several LGBTQ people and activists have been arrested under Section 214.
In some cases they are murdered with law enforcement officials showing little to no interest in investigating, such as the case of Area Mama, a popular cross-dresser whose body was found along the Katampe-Mabushi Expressway in Abuja, the Nigerian capital, in August.
The Initiative for Equal Rights, a Nigerian advocacy group, said the federal government should take concrete steps to protect the rights of all Nigerians.
“For many, especially LGBTQIA+ individuals, women, and those within the Sexual Orientation Gender Identity, Expression and Sexual Characteristics (SOGIESC), community, freedom remains a distant goal. Discrimination, violence and human rights violations are daily realities,” said TIERs Nigeria. “Despite the progress we have made, the journey towards justice is long, but our voices remain unwavering.”
TIERs Nigeria also called upon the federal government to repeal the Same Sex Marriage (Prohibition) Act 2014, to respond to the African Commission’s recommendation to review laws that criminalize rights of assembly and association, and to enact laws and policies that discourage hate speech and other actions that incite discrimination against LGBTQ people.
Many Nigerians vehemently oppose public discussions about LGBTQ-specific issues because of religious and cultural beliefs.
A number of local and international human rights organizations have advised the federal government to prioritize the rights of everyone in Nigeria, including those who identify as LGBTQ. There is, however, little hope that Nigerian officials will do this anytime soon.
Consensual same-sex sexual relations remain punishable by death in states with Sharia law. Those who advocate for LGBTQ rights in these areas could also face a similar fate.
Kenya
Kenyan advocacy group uses social initiatives to fight homophobia
INEND made donations to sports teams, launched comic book
A Kenyan queer rights organization has launched a social support initiative to fight endemic homophobic stigma and discrimination in the country.
The Initiative for Equality and Non-Discrimination, which has been training judicial officers on LGBTQ rights, is using sports and other social activities to educate the public against anti-queer discrimination.
The Mombasa-based INEND, through its “Advocacy Mtaani” or “Advocacy at the Grassroots” campaign, last month donated soccer jerseys, balls, goalpost nets, and other sporting items to local teams. It also used the platform to educate beneficiaries and the community-at-large on queer rights issues.
The donations followed another one to “boda boda” or “public motorbike riders” on Oct. 29. The Mombasa group received umbrellas to shield drivers and passengers alike from the sun and rain.
“We distributed umbrellas in various ‘boda boda’ stages to equip not only the operators but also to spread the message of inclusion and violence prevention in our endeavor to have the operators become human rights champions in the society,” INEND, headed by Executive Director Essy Adhiambo, stated.
INEND has also launched a comic strip, “Davii and Oti,” which tells a story about Pride and allyship.
The comic strip series has heterosexual, nonbinary, gay, and lesbian characters to help explore myriad socio-cultural and economic problems that include discrimination and violence that queer people experience in their families, workplaces, social gatherings, and other settings.
“This awesome queer comic focuses on what is often misused as an argument against the LGBTQ+ community in Kenya; family values, African culture, and traditions,” INEND stated.
The comic strip, which advocates for inclusivity and nondiscrimination based on one’s sex orientation and gender identity, also educates queer people about self-acceptance, resilience, and thriving through economic empowerment.
INEND has also come up with regional human rights advocacy trainings that focus on misinformation, disinformation, and digital rights. These workshops target women, queer people, and other marginalized groups.
The organization, for example, last month trained groups of women leaders and queer people in the coastal counties of Mombasa and Kilifi. Another one took place in the western county of Busia, which borders Uganda.
“These trainings come in a critical moment when we have witnessed an uptick in online gender-based violence especially towards LGBTQ+ folks,” INEND noted.
The trainings aimed at creating safe digital spaces for “structurally silenced women and queer persons” are conducted through a partnership between INEND and two global organizations: Access Now, which defends the digital rights of people and communities at risk, and the Association for Progressive Communications, which supports the use of internet and information and communication technology for social justice and sustainable development.
INEND, after unveiling a judicial guidebook last October to help judges better protect queer people’s rights, has intensified regional training for judicial officers across the country. The organization this month, through its “Access to Justice” initiative, trained judicial officers in Kisumu, Kenya’s third largest city, and in the North Rift region and Kilifi.
The two-day training that began on Nov. 5 focused on making judicial officers more sensitive to queer people and showing empathy towards sexual and gender minority groups in order to realize a “fairer and more inclusive legal system” that upholds the dignity of all.
The training followed INEND’s launch of a new report in July titled “Transforming Perceptions” that accesses the impact of their sensitization engagements with 53 judges and magistrates in 2022 on queer rights protection.
“The results offered a glimpse of hope for a more inclusive justice system,” the report states. “Over 70 percent of judicial officers surveyed after the training acknowledged that existing laws, like Sections 162, 163, and 165 of the penal code which criminalize consensual same-sex intimacy negatively influence societal views of LGBTQ+ Individuals.”
The report also notes that 80 percent of the judicial officers trained on queer rights issues indicated they would either be comfortable or indifferent living next to a queer person
Pema Kenya is another local advocacy group that is working to make judicial officers more sensitive to queer people when they handle their cases.
The group in September held a two-day training on gender and sexuality issues for members of the Judicial Service Commission, a top governing body of Kenya’s judiciary.
“This initiative aims to equip key stakeholders within the judicial framework with vital knowledge and skills to handle cases related to gender and sexuality with empathy, understanding, and professionalism,” Pema Kenya stated.
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