Africa
Kenyan Supreme Court dismisses challenge to ruling that allowed LGBTQ group to register
Opposition MP Peter Kaluma was not part of original case
Kenyaās highest court on Tuesday dismissed a challenge to its February ruling that allowed the National Gay and Lesbian Human Rights Commission toĀ registerĀ as a non-governmental organization.Ā
The Supreme Court established the petitioner, opposition MP Peter Kaluma, is not an aggrieved party to its ruling since he was never involved in the case under rules that govern case hearings.Ā Ā
Kenyaās NGO Coordinating Board refused to register NGLHRC for more than a decade on grounds that it promotes same sex behavior, which the country’s penal code criminalizes.
The February ruling sparked heated criticism from Kenyans, clerics and politicians against the Supreme Court judges and demanded it be reversed. The decision prompted Kaluma, who is a fierce critic of homosexuality, to challenge it in March and demand the term “sex” be redefined to exclude same sex practices.Ā Ā
The MP has sponsored a stiffer anti-homosexuality bill that awaits introduction in the House of Representatives.
The Parliamentary Budget Office has already considered the bill’s financial costs to the government. The measure is currently pending before the Social Protection Committee, which will consider its implications for Kenyans.Ā Ā
The Social Protection Committee was to consider the bill within a month as House rules requires, but the period is now three months. Kaluma has confirmed to the Washington Blade that he wrote to National Assembly Speaker Moses Wetangula two weeks ago to complain about the committee’s delay.
While challenging the Supreme Courtās ruling, Kaluma in his petition argued it misinterpreted the term “sex” under Article 27 (4) of the Kenyan Constitution by āreferring also to sexual orientation of any gender, whether heterosexual, lesbian, gay, intersex or otherwiseā not to be discriminated based on sexual identity.
Kaluma claimed the court’s ruling āusurped the sovereign power of the peopleā and it was āobtained through fraud, deceit and misrepresentation of factsā by the NGLHRC defendants, which are some of the grounds the court can consider when it reviews its decision. The court, however, dismissed his petition because it failed to substantiate the claims and he was not a party to the case when it was heard and when the judges issued their ruling.
āThe court cannot entertain an application for review of its judgment filed by an applicant who was not a party to the proceedings as this goes to the root of the matter and sanctity of the already determined suit which was contested by the parties,ā court noted.
The ruling cited Article 163 of the constitution and subsequent procedural laws that allows the court to only consider a challenge of its ruling from an aggrieved party to the case.
Eric Gitari, who is NGLHRC’s former executive director, also filed a motion in opposition to Kaluma’s petition on grounds that āit is frivolous and without meritā because he wasn’t a litigant in the case. Gitari had also warned the court against entertaining the petition for being āprocedurally irregularā and that it would undermine the court’s authority and the finality of its proceedings.
Anti-LGBTQ crackdown continues, MPs challenge PEPFAR funding
Although the courtās latest verdict affirming its initial decision for NGLHRC to be registered as an organization is a reprieve for Kenya’s LGBTQ community, all eyes are now on Attorney General Justin Muturi. He has vowed toĀ challengeĀ the NGLHRC ruling on behalf of the government.Ā
Muturi’s anticipated move to have the judges review the ruling is part of efforts to crackdown on consensual same-sex sexual relationships the constitution does not recognize and Section 162 of the penal code outlaws.
A group of 10 Kenyan MPs and religious leaders in June in a letter to the U.S. Congress said President’s Emergency Plan for AIDS Relief funding to Kenya no longer serves its original purpose of fighting HIV/AIDS because it supports homosexuality and abortion. The letter ā titled PEPFAR and African Values ā went to several members of the U.S. House of Representatives and the U.S. Senate.
āWe wrote that letter to the U.S. Congress not to stop PEPFAR funding to Kenya, but to demand the initiative to revert to its original mission without conditioning it to also supporting LGBTQ as human rights,” reads the letter that Kaluma signed.
Kaluma called on Congress to pressure the Biden-Harris administration to reverse policies and executive orders that condition U.S. funding to developing countries with recognition of LGBTQ and intersex people against what the MP said is the will and cultural beliefs of beneficiary nations.
Kenya expects to receive more than $341 million in PEPFAR funding for the 2023-24 financial year. The current funding period ends on Sept. 30.Ā
Republicans last month seized upon the letter addressed to Congress and demanded the suspension of PEPFAR funding to Kenya for the upcoming fiscal year. Some Republican lawmakers have also sought to stop the U.S. Agency for International Development from funding LGBTQ and intersex rights efforts around the world.
Nigeria
Gay couple beaten, paraded in public in Nigeria
Incident took place in Port Harcourt this week
A gay couple was beaten and paraded in public this week because of their sexual orientation.
In a video clip shared by Portharcourt Specials on X, the couple who appeared half naked were being insulted and slapped on the back, with one showing trails of blood on his back. The incident took place in Rumuewhara in Port Harcourt.
Although consensual same-sex sexual relations are criminalized in Nigeria and punishable by death on some states, many Nigerians viewed the attack against the couple as distasteful, arguing rapist or pedophiles don’t face the same treatment.
“This is where you will see Nigerians very active on; on matters that donāt concern them because why is someoneās sexual orientation your problem? We are well deserving of politicians that punish us well,” said Rinu Oduala, a human rights activist.
No Hate Network Nigeria, an LGBTQ rights organization, said the couple’s public victimization was a stark reminder of the rampant homophobia in the country.
“The brutal attack on the gay couple is appalling and unacceptable,” said the organization. “It’s a stark reminder of the rampant homophobia and intolerance in Nigeria.”
“Such violence is often fueled by discriminatory laws, societal norms, and lack of education, this incident highlights the urgent need for increased advocacy, education, and protection for LGBTQI+ individuals,” added No Hate Network Nigeria.
No Hate Network Nigeria also highlighted the plight of LGBTQ people in the country who are constantly under attack due to current laws and cultural and religious norms.
“The LGBTQI+ community in Nigeria faces extreme risks, including violence, harassment, and persecution, the Same-Sex Marriage (Prohibition) Act of 2014 exacerbates these challenges, effectively criminalizing LGBTQI+ individuals,” said No Hate Network Nigeria. “Many live in fear, hiding their identities to avoid persecution, the community requires enhanced support, safe spaces, and robust advocacy to ensure their basic human rights.”
For many LGBTQ people in the country, remaining in the closet is the only way they can preserve their life. They often flee Nigeria if they decide to come out.
There is currently no appetite from any lawmakers to amend or repeal parts of Section 21 of theĀ Criminal Code Act (Penal Code) that are used to arrest, charge, and prosecute those who identify as LGBTQ.
In northern states where Sharia law is practiced, one who is found to identify as LGBTQ or is an advocate may face death by stoning.
Although not widely practiced, death by stoning is the preferred punishment in many of the northern states if a Sharia court finds someone guilty of engaging in consensual same-sex sexual relations. A number of local and international human rights organizations in recent years have condemned this punishment. It is, however, still enforced in some of these states.
No Hate Network Nigeria said amending parts of the Criminal Code Act and repealing the Same Sex (Prohibition) Act might give relief to LGBTQ people in the country.
“Repealing or amending discriminatory laws, like the Same-Sex Marriage (Prohibition) Act, implementing education and awareness campaigns to combat homophobia, establishing safe spaces, and support networks for LGBTQI+ individuals and strengthening law officialsā response to hate crimes as well as holding perpetrators accountable, will aid in averting and combating attacks on LGBTQI+ individuals,” said No Hate Network Nigeria.
Uganda
Uganda Human Rights Commission asks government to decriminalize homosexuality
Anti-Homosexuality Act took effect in 2023
Ugandaās state-funded human rights body has broken its silence on the queer communityās rights by advocating for their protection amid the enacted Anti-Homosexuality Act that is currently under appeal at the Supreme Court.
The Uganda Human Rights Commission on Sept. 26 while defending LGBTQ rights asked President Yoweri Museveniās government to decriminalize homosexuality and other āvictimless crimes.ā
āCriminalizing such acts often results in unjust and disproportionate punishment, especially for vulnerable groups in our society,ā Mariam Wangadya, who chairs the commission, said.
Wangadya, a lawyer and human rights advocate, spoke for the first time about the commission’s position on queer rights in Uganda since President Yoweri Museveni in May 2023 signed the Anti-Homosexuality Act.
She spoke during the annual stakeholders meeting for ACTV-Uganda, a rights organization that advocates against torture, gender-based violence, and other forms of violence, and has provided care to victims and survivors for 30 years with the commission’s support.
Wangadya acknowledged ACTV-Ugandaās important role in providing the commission with medical reports for torture cases to assist it in determining compensation for survivors of torture to rebuild their lives.
āOf the 939 cases currently pending a hearing before our tribunal, 50 percent of those are allegations of violation of the right to freedom from torture, inhuman and degrading treatment,ā she noted.
Her sentiments on the commission’s stand on LGBTQ rights also come barely two weeks after holding talks with two rights groups: The Human Rights Awareness and Promotion Forum (HRAPF) and Support Initiative for People with Congenital Disorders (SIPD), an intersex lobby group, on Sept. 14.
The meeting between the commission, HRAPF, and SIPD, which also documents and publishes reports on queer rights abuses in Uganda, explored human rights violations based on sexual orientation, gender identity and expression, and sex characteristics.
āWe must ensure that every person in Uganda enjoys their human rights without discrimination,ā Wangadya said.
The commission also noted that engaging the intersex lobby group was vital to address their āoften-overlooked issues and rights.ā
The Ugandan government has yet to recognize intersex people as a protected minority group, unlike in Kenya. This year’s national Census did not count them.
HRAPF Executive Director Adrian Jjuuko applauded the meeting with Wangadya as a āprogressive stepā in defending the rights of the queer community and intersex people.
āWe commend the commission on creating a space for dialogue on issues of criminalized minorities in Uganda,ā Jjuuko said.
Wangadya held the first meeting with Jjuuko on Sept. 9. It focused on HRAPF’s periodical reports on violations against sexual minorities in Uganda.
Wangadya and Jjuuko during the meeting both agreed that all people deserve protection under the law and the commission has to protect everyone, regardless of their sexual orientation and gender identity.
āYou need to talk to the Judiciary, the police, and the director of Public Prosecutions. These are our major disturbing areas,ā Jjuuko said, accusing the three government agencies of undermining intersex and LGBTQ rights in the country.
Wangadya acknowledged the contribution of the three judicial agencies in protecting and upholding human rights, but noted that there is a need for working with Kenya, South Africa, and other countries to understand how they navigate LGBTQ and intersex legal issues.
āKenya will be much better for benchmarking considering that in South Africa the constitution provides for that (queer rights.) Benchmarking from a country like Kenya with similar laws mayĀ be more helpful,ā she said. Ā Ā Ā
The Wangadya also committed to tapping into HRAPFās human rights strategies and experiences to improve the commission’s mechanisms.Ā
HRAPF promotes respect for the rights of marginalized and minority groups in Uganda through advocacy, offering legal aid, and providing capacity building. Its latest August report on monthly advocacy, violence and other human rights abuses based on sexual orientation or gender identity since the Anti-Homosexuality Act took effect shows anti-LGBTQ violence remains rampant, while evictions and arrests continue to drop.
The report states that a total of 56 human rights violations were recorded in August, versus 72 cases in July.
Of the 56 cases, 20 cases (35.7 percent) were based on sexual orientation or gender identity, versus 34 cases (41.2 percent) in July. The number of also reported victims also dropped from 40 people in July to 24 people in August. The 20 cases targeting LGBTQ people involved violence and threats (10), eviction from housing (nine), and one arrest.
Ugandaās Women Human Rights Defenders Network welcomed the commission’s inaugural meetings with HRAPF and SIPD, and asked the state-funded rights body to continue holding regular dialogues to help ācreate an enabling environment for SOGIESC (sexual orientation and gender identity and expression.)ā
Wangadya’s comments coincided with a protest outside Uganda’s Permanent Mission to the U.N. in New York that a group of activists organized.
The World Bank Group in August 2023 suspended new lending to Uganda in response to the Anti-Homosexuality Act. The activists who organized the protest demanded the World Bank not resume loans to the country.
Africa
Anglican Church of Southern Africa rejects blessings for same-sex couples
South Africa’s Inclusive and Affirming Ministries criticized resolution
The Anglican Church of Southern Africa has rejected a proposal that would have allowed bishops to bless couples in same-sex unions.
Archbishop Thabo Makgoba in April urged the Provincial Synod, the ACSA’s highest decision council, to consider offering blessings for couples in same-sex relationships.
The Church of England, which is the ACSA’s parent church, on Dec. 17, 2023, announced it would allow bishops to bless couples in same-sex unions. Since the resolution, however, several churches under the Church of England have not implemented it.
In response to proposals to the Synod from the Right Rev. Raphael Hess, bishop of Saldanha Bay in South Africa, who is the first within the ACSA to approve blessings for couples in same-sex unions after the Church of England’s resolution, and the Right Rev. Stephen Diseko, dean of the province and bishop of Matlosane, which is also in South Africa, the Provincial Synod in a Sept. 25 press release said marriage is between one man and one woman for life.
Makgoba before the Synod said the church needed a deeper understanding on the prospects of the LGBTQ community within the ACSA.
“Since Provincial Synod 1989, we have been trying to reconcile our understanding of the nature of God with how we minister to LGBTQI+ members in our pews,” he said. “Have we listened to and adequately sought reconciliation with one another on providing appropriate pastoral care to loving faithful couples in same-sex civil unions? What is this Provincial Synod, 35 years later, going to resolve beyond flowery words?”
“In my past 16 years, I have relied for guidance on such matters on, in no particular order, theological advisers, the Canon Law Council, the Southern African Anglican Theological Commission, Safe and Inclusive Church, the Anglican Board of Education, the Synod of Bishops, Scripture of courses, and on the lived experiences of our parishioners in such unions and relationships,” added Makgoba.
Inclusive and Affirming Ministries, a South African LGBTQ rights group, said it was deeply disappointed over the Provincial Synodās decision.
“This decision, along with the rejection of a set of prayers drawn up by bishops for providing pastoral ministry to members in civil unions, feels like a missed opportunity to move toward a more inclusive and compassionate expression of faith,” said the organization.
Inclusive and Affirming Ministries also said the decision to withhold blessings and deny prayers of pastoral care to those in civil unions will further marginalize LGBTQ people.
“Through our work, we also know that religious-instigated forms of hostility meted out against LGBTIQ+ people have been the root cause of the perpetuation of violence, hate speech, and hate crimes,” said the group. “The Synodās choice to move away from this compassionate path suggests that much work remains to be done in the journey toward full inclusion.”
Inclusive and Affirming Ministries nevertheless commended Hess and Diseko for bringing their proposal to the Synod.
“The theological insights offered by Bishop Hess and Bishop Diseko during the debates were grounded in love, respect for conscience, and the universal recognition of human dignity,” said the group. “We remain hopeful and committed to fostering spaces where LGBTIQ+ individuals feel affirmed, supported, and welcomed in their faith communities. We will continue to advocate for pastoral care and recognition of the diversity of sexual orientation within the church and other faith communities.”
Four countries ā Eswatini, Lesotho, Namibia, and South Africa ā and St. Helena, a British overseas territory, comprise ACSA with more than three million parishioners.
South Africa and St. Helena are the only jurisdictions within the ACSA that fully recognize the rights of LGBTQ people.
The Namibian Supreme Court in 2023Ā ruledĀ the country must recognize same-sex marriages legally performed elsewhere. The country’s government in July appealed a ruling that overturned an apartheid-era sodomy law.
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