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LGBTQ rights group sues Kenya police chief over anti-gay protests

Mombasa demonstrations began after ruling allowed NGO to register

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Kenya flag (Photo by rarrarorro/Bigstock)

An advocacy group in Kenya has sued Police Inspector General Japhet Koome for allowing religious leaders and lobby organizations to hold homophobic protests whenever court rulings favor the LGBTQ community.    

Two petitioners — Mr. JM and the Center for Minority Rights and Strategic Litigation — have sued Koome in the High Court in Mombasa, the country’s second largest city, and demanded a “ban on anti-LGBTQ protests in the country.” 

The petitioners’ move is in response to recent anti-LGBTQ protests, particularly in Mombasa after last month’s Supreme Court ruling that affirmed its February decision in support of the National Gay and Lesbian Rights Commission and its ability to register as an NGO.

The controversial ruling sparked criticism from clerics, politicians and the general public. Demonstrations the two petitioners have described as gross human rights violations against the LGBTQ community followed.

An MP from the ruling party and Mohamed Ali — a celebrated investigative journalist whose anti-gay motion for the government to ban public discussion, reporting and distribution of LGBTQ content in the country passed overwhelmingly in Parliament — are among those behind the homophobic Mombasa protests.

Six LGBTQ lobby groups applauded the rulings as a “crucial shot in the arm towards LGBTQ rights” and condemned protest organizers for “mobilizing towards hatred and marginalizing others.”        

Mr. JM and CMRSL have also sued two anti-LGBTQ activists and a national lobby group dubbed the “Anti-LGBTQ Movement” that organized the demonstrations, in addition to the police official whose office authorizes street marches by issuing permits to protesters.  

“The petitioners have sought to include new amendments to the petition filed last week via the court’s online filing system and they have until Oct. 11 when the court will give directions to the hearing of the case,” a source familiar with the petition told the Washington Blade. 

To stop any future homophobic protests, the petitioners want the court to declare the LGBTQ community is also entitled to constitutional rights and freedoms without hate or discrimination just like their opposite-sex counterparts. 

They argue the anti-LGBTQ protests, characterized by incitement to violence in March and last month in response to the Supreme Court’s rulings, have led to increased cases of homophobia and threats to the lives of the queer community across the country.

The petitioners claim the “Anti-LGBTQ Movement” group has been propagating “violence, elimination and expulsion” of the queer community from the country in its relentless homophobic campaign. They further allege that organizations working with LGBTQ people have recorded “more than 100 cases of violence, forced evictions and denial of services” by landlords, employers and the public as a result of these protests. 

The petitioners also claim the protests have led to the shutting down of “more than 20 organizations and medical facilities” that provide essential HIV and STI treatment services to LGBTQ people because of security concerns.   

Mr. MJ and CMRSL in their case have included the Kenya National Commission on Human Rights, a state-funded watchdog organization, as an interested party, although it always distances itself from defending LGBTQ rights. 

The Kenyan Constitution, which only recognizes consensual opposite-sex relations, directs the KNCHR. Section 162 of the penal code criminalizes consensual same-sex sexual relations. 

This sidelining has forced the LGBTQ community to demand a representative to the KNCHR to represent their interests, such as intersex people who are represented after a landmark law that recognizes them as Kenya’s third sex, took effect in July 2022. The petitioners did not engage KNCHR before listing it as an interested party. 

The state-funded National Cohesion and Integration Commission, Amnesty International Kenya and the Kenya Human Rights Commission are among the other institutions the two petitioners have included in the case as interested parties.

Amnesty International Kenya with Irungu Houghton as its executive director on Sept. 30 held the “State of Freedoms and Rights in 2023” conference in partnership with United States International University Africa in Nairobi, the Kenyan capital. Participants demanded respect for the rights of every person, including members of the LGBTQ community.

The rights organization vowed to fight any infringement of the rights of any person or group, regardless of their gender or sexual orientation, in line with its newly launched 4-year strategic framework for 2024-2028 that will guide its human rights advocacy.

Meanwhile, some parents in one of Kenya’s all female high schools are angry after administrators suspended 18 students who allegedly engaged in what they described as lesbianism.

The students’ suspension from Cardinal Otunga Girls’ High School in the western part of the country last week has caused fury among their parents, because they are set to start taking their final high school national exams on Oct. 10. This action comes amid the government’s plans to consider a recommendation from a presidential task force on education reforms to hire imams and chaplains in schools to guide students against what they feel is the infiltration of LGBTQ practices.

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Lesotho

LGBTQ activist murdered in Lesotho

Authorities have arrested a suspect in Kabelo Seseli’s death

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Kabelo Seseli (Photo courtesy of Seseli's Facebook page)

Kabelo Seseli, a gay crossdresser and LGBTQ activist in Lesotho, was murdered over the weekend in a suspected homophobic attack.

According to the People’s Matrix Association, a LGBTQ rights organization, Seseli’s body was found with stab wounds on their neck and genitals.

“This was not just a murder, it was a hate-driven, dehumanizing act meant to send a message of fear and rejection to our community,” said the People’s Matrix Association in a statement posted to its Facebook page on April 29. “Kabelo deserved to live. Kabelo deserved dignity, safety, and the freedom to exist without fear, just like every Mosotho.”

The LGBTQ rights group also said it is demanding action, justice, and protection from the government, especially given the fact authorities have arrested a suspect.

“We strongly condemn this act of violence and call on the government of Lesotho and law enforcement authorities to conduct a thorough investigation and ensure that those responsible are held fully accountable,” said the People’s Matrix Association. “We also urge leaders and the public to reflect on the role of hate speech and social stigma, which continue to incite violence against LGBTI individuals across our country. We demand action.”

Victor Mukasa of Trans and History Intersex Africa also condemned Seseli’s murder.

“Death is a fact of life, but murder is criminal,” said Mukasa. “Murder of people because they are LGBTIQA+ or for belonging to a particular social group is a hate crime.”

Thato Motsieloa, a gay crossdresser and LGBTQ activist, said he was “deeply distraught to learn about the brutal murder of Kabelo Seseli.” Motsieloa said he and Seseli met on Facebook.

“Although we never met in person, we had plans to do so,” said Motsieloa. “The manner of his death is particularly heartbreaking, and the fact that his killers desecrated his body by removing his private parts is utterly heinous. I hope justice is served, and those responsible face the consequences of their horrific actions. My sincerest condolences go out to Kabelo’s family, may his soul rest in eternal peace.”

Lesotho in 2012 decriminalized consensual same-sex sexual relations. Marriage, however, remains limited to heterosexual couples. There have also been sporadic reports of anti-LGBTQ hate crimes since 2012.

The International Commission of Jurists, in partnership with Outright International, a New York-based LGBTQ advocacy group, in 2022 held a workshop with the Lesotho judiciary that focused on human rights for the LGBTQ community.

The judiciary noted LGBTQ people exist, but acknowledged there is no local jurisprudence on their rights, even though the country’s constitution guarantees the right to respect private and family life and freedom from discrimination.

Religious and cultural norms, like in many African countries, play a pivotal role in how society perceives the LGBTQ community. Many people in Lesotho disregard the existence of LGBTQ people, even though the government is trying to make room for the acknowledgment of LGBTQ rights.

Outright International Africa Advocacy Officer Khanyo Farise says the judiciary’s active engagement with the LGBTQ community is an important step towards ensuring LGBTQ rights are upheld.

“Judges and judicial officers play an important part in ensuring access to justice for LGBTIQ+ people, but also have an important role in producing judgments which can advance their human rights,” said Farise.

ICJ Africa Communications and Legal Officer Mulesa Lumina said though the ICJ is encouraged by these developments, particularly the willingness of judiciary members to understand the plight of the community, LGBTQ people continue to face harassment, discrimination, abuse and violence because of their actual or perceived sexual orientation and gender identity.

“We will continue working with partners, such as the People’s Matrix and Outright International, to ensure the enforcement of the country’s obligations under international human rights law, which entitle LGBTIQ persons to the full range of human rights without discrimination,” said Lumina.

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Kenya

Kenya Red Cross-owned hotel to host anti-LGBTQ conference

Speakers from US, European countries to participate in May 12-17 gathering

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Plans to host a family values meeting next month in a 5-star hotel in Nairobi that the Kenya Red Cross Society co-owns have sparked an uproar among local queer rights groups.

The groups accuse the Kenya Red Cross of violating its Global Fund commitment of protecting key populations by allowing its Boma Hotel to host an “anti-gender and anti-LGBTQ” conference. 

Influential guest speakers from the U.S., the Netherlands, Spain, and Poland will preside over the Pan-African Conference on Family Values that will take place from May 12-17. The Kenyan advocacy groups say these speakers’ organizations are globally recognized for undermining LGBTQ rights.

“As the principal recipient of Global Fund in Kenya, hosting this event contradicts (the) Red Cross’s humanitarian mission and threatens the safety and dignity of people living with HIV, women and LGBTQ+ individuals, the communities that Kenya Red Cross Society has long committed to supporting,” the queer rights groups state. 

The LGBTQ groups that have criticized the Kenya Red Cross include Upinde Advocates for Inclusion, the Initiative for Equality and Non-Discrimination, and Gay and Lesbian Coalition of Kenya. They have also launched an online signature collection drive to compel the Kenya Red Cross to withdraw the hotel from hosting the “Promoting and Protecting Family Values in Challenging Times”-themed conference.

“The event’s so-called ‘family values’ narrative is a smokescreen for policies that push hateful legislation and promote death, discrimination, femicide, gender-based violence, and restrict fundamental freedoms across Africa,” the groups said.  

The pro-life Western organizations that are scheduled to participate in the conference include Family Watch International from the U.S., CitizenGo from Spain, the Ordo Luris Institute from Poland, Christian Council International from the Netherlands, the New York-based Center for Family and Human Rights (C-FAM), and the Foundation for American Cultural Heritage. Their local counterparts include the National Council of Churches of Kenya, the Kenya Christian Professionals Forum, the Africa Christian Professionals Forum, and the Evangelical Alliance of Kenya.

C-FAM President Austin Ruse; Family Research Council Vice President for Policy and Government Affairs Travis Wever; Global Life Campaign Executive Director Thomas W. Jacobson; and the Rev. Ricky Chelette, executive director of Living Hope Ministries, Inc., and president of the Institute of Biblical Sexuality are among the U.S. guest speakers. Other participants include Henk Jan van Schthorst, president of Christian Council International’s board of directors, Ordo Luris Institute President Jerzy Kwasniewskie and his colleague, Rafal Dorosinski, director of the group’s Legal Analysis Center. 

The Kenyan groups through their online petition — “Tell Red Cross Kenya Not to Give Hate a Platform” — has so far raised more than 1,000 of the 10,000 signatures they hope to collect. The petition is addressed to Red Cross Kenya Secretary-General Ahmed Idris and his predecessor, Abbas Gullet, who is the hotel’s director.

“We call on you to immediately cancel this booking and publicly reaffirm Red Cross’ commitment to human rights, health and inclusivity,” the petition reads. “Failure to act will raise concerns about whether (the) Red Cross can still be trusted by the community to lead with empathy and fight for their rights.” 

The Kenya Red Cross, however, maintains the Boma Hotel is a separate entity, even though public records indicate it is one of the facility’s shareholders.

The LGBTQ groups note the hotel should be a safe space that promotes inclusion, not platforms that enable “harmful gathering” for hate and exclusion by “dangerous groups.”   

“By providing a venue for this event, Red Cross directly enables a platform for hate and discrimination — a stark contradiction to the values of inclusivity, humanity, and nondiscrimination that the organization claims to uphold,” they said.  

The organizations further warn that proceeding to host the conference threatens the relationship between the Red Cross and the marginalized communities who have long depended on the humanitarian organization for support and protection. CitizenGo has nonetheless criticized the LGBTQ groups, which it describes as “radical activist groups” for “trying to silence a pro-family event” and asked the Kenya Red Cross and the Boma Hotel not to back down.

“These groups are calling the event ‘hateful’ because it affirms the natural family — marriage between a man and a woman — and the dignity of every human life, including the unborn,” Ann Kioko, the group’s campaign director for Africa and the U.N., said.

Through an online counter signature collection drive, Kioko holds CitizenGo and other groups won’t be intimidated, silenced or apologize to the queer rights groups for defending “our families, our faith and our future”.  

“The real goal of these foreign-funded activist groups is to impose LGBTQ and gender ideologies on Africa — ideologies that have led elsewhere to the confusion of children, the breakdown of family structures and the rise of sexual libertinism that results in abortion, STIs and lifelong emotional and psychological trauma,” Kioko stated.  

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Africa

LGBTQ activists in Africa work to counter influence of American evangelicals

Lawmakers continue their crackdown on queer rights

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LGBTQ activists protest in front of the Ugandan Embassy in D.C. on April 25, 2023. Activists across Africa are fighting the growing influence of American evangelical Christians. (Washington Blade photos by Michael K. Lavers)

American far-right evangelical organizations fund African MPs and religious groups and support their advocacy efforts against homosexuality.

The support for the two influential groups on the continent has contributed to increased homophobic rhetoric for conservative family values through religious teachings and public policy. Open for Business, a coalition of leading global organizations that champion LGBTQ inclusion, revealed this trend in its latest report that surveyed the East African countries of Kenya, Uganda, Tanzania, and Rwanda.

“The anti-LGBTQ+ agenda driven by Christian groups in Kenya and Uganda has received significant funding and support from foreign anti-rights groups, particularly from U.S. far-right evangelical organizations,” the report states.

The two nations, along with Tanzania, have had heightened curtailing of queer rights in recent years through legislation and religious protests. Homosexuality remains criminalized in the three countries, with varied jail terms of not less than 10 years.

“There is much misinformation and disinformation being circulated in Kenya about LGBTQ+ issues — churches are behind much of this, and they leverage selective interpretations of religious teachings to stir up anti-rights sentiments,” the report reads.  

It adds religious groups have attained greater influence with their homophobic campaigns under President William Ruto, who is Kenya’s first evangelical Christian head of state.

The American far-right evangelical churches are part of the New York-based World Evangelical Alliance, whose global believers are considered “incredibly diverse and vibrant people of faith.”

“They are bound together by spiritual convictions that they consider ‘non-negotiable’ while acknowledging a wide variety of expressions in non-essential matters such as their style of worship,” the Rev. Leon Morris, the founder member and former chairman of Evangelical Alliance of Victoria, states on WEA’s website.  

The religious groups under the Kenya Christian Forum, in partnership with Linda Uhai Consortium (or Protect Life in Swahili) composed of pro-life organizations, late last month held their annual march in Nairobi, the country’s capital. Opposition to LGBTQ rights was among the agenda items.

Some anti-homosexuality placards that march participants held read, “Homosexuality is abnormal,” “Rainbow belongs to God,” “No to Western cultural imperialism, yes to family values,” and “In the beginning God made them; male and female.” The organizers also criticized the Kenyan courts over their recent rulings in favor of the queer community, such as allowing the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization.

The African Inter-Parliamentary Conference on Family Values and Sovereignty is a caucus of African MPs that American far-right evangelical organizations support to drive anti-LGBTQ policies in their countries.  

The group held its second conference in Entebbe, Uganda, last May. The definition of sex and sexuality and their impact on LGBTQ issues were among the topics that delegates from more than 20 countries discussed.

The three-day conference that Ugandan Parliament Speaker Anitah Among and Henk Jan Van Scothorst, director of the Christian Council International, sought to curb homosexuality. The delegates also resolved to have the African Caribbean Pacific and European Union Economic Partnership, also known as the Samoa agreement, reviewed for undermining the sovereignty of African governments over LGBTQ rights and related “human rights” issues.

The far-left government officials and queer lobby groups from the U.K. and other Western countries, meanwhile, are engaging with LGBTQ activists in Africa to counter American evangelical organizations’ anti-homosexuality campaigns.

British officials, led by Equalities Minister Nia Griffith, in February met with Sexual Minorities Uganda Executive Director Frank Mugisha and Erick Mundia, a senior policy advisor for Ipas Africa Alliance, a Kenya-based abortion rights advocacy group.

“As part of our Queering Atrocity Prevention program, which seeks to center LGBTQI+ rights and risks as part of atrocity prevention and wider peace and security, our team held a parliamentary roundtable exploring the implications of transnational far-right organizing for global LGBTQI+ rights and how the UK parliament can respond,” the statement reads.  

Klara Wertheim, head of global programs at Stonewall, and Farida Mostafa, queering atrocity prevention manager of Protection Approaches, were among the other representatives of queer rights organizations who participated in the roundtable with highlighted “the implications of transitional far-right activity for global LGBTQI+ rights.”

“Discussions with MPs, Lords, parliamentary staff and civil society representatives centered on tactics used by far-right actors to disrupt democratic rights-based systems,” reads the statement. “The impacts of these malign efforts on sexual and gender-based rights in the UK and abroad, and how parliamentary actors can contribute to stemming these trends in their parliamentary work.”  

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