Africa
LGBTQ rights group sues Kenya police chief over anti-gay protests
Mombasa demonstrations began after ruling allowed NGO to register
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.
Senegal
Senegalese court issues first conviction under new anti-LGBTQ law
Man sentenced to six years in prison on April 10
A Senegalese court has issued the first conviction under a new law that further criminalizes consensual same-sex sexual relations.
The Associated Press notes the court in Pikine-Guédiawaye, a suburb of Dakar, the Senegalese capital, on April 10 convicted a 24-year-old man of committing “acts against nature and public indecency” and sentenced him to six years in prison.
Authorities arrested the man, who Senegalese media reports identified as Mbaye Diouf, earlier this month. The court also fined him 2 million CFA ($3,591.04).
Lawmakers in the African country on March 11 nearly unanimously passed the measure that increases the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The bill that Prime Minister Ousmane Sonko introduced also prohibits the “promotion” or “financing” of homosexuality in Senegal.
MassResistance, an anti-LGBTQ group based in the U.S., reportedly worked with Senegalese groups to advance the bill that President Bassirou Diomaye Faye signed on March 31.
“This prison sentence is unlawful under international law,” said Human Rights Watch on Wednesday. “Senegal is bound by treaty obligations that protect every person’s right to dignity, privacy, and equality.”
Eswatini
The emperor has no clothes: how rhetoric fuels repression in Eswatini
King Mswati III’s anti-LGBTQ comments can have deadly consequences
In an absolute monarchy, the words spoken by the sovereign can swiftly become a baton striking a citizen. When King Mswati III speaks, his words do not simply drift into the air as political “opinion”; they often quickly turn into, sometimes violently, state policy. This reflects the reality of Eswatini, where the right to freedom of expression, including the right to hold dissenting political views, is increasingly being systematically eroded by the very voice that claims to uphold “traditional values.”
To understand the current crisis facing the LGBTIQ+ community in Eswatini, one must view it through the lens of a broader strategy: the weaponization of culture to justify the erosion of democratic institutions, the rule of law, and human rights protections. As observed across Africa, from the streets of Harare and Dar es Salaam to the parliamentary courtrooms of Dakar and Kampala, African leaders are increasingly using the marginalised as an entry point to dismantle civil society. In Eswatini, this strategy has manifest its most brutal expression in the king’s recent harmful rhetoric concerning sexual orientation and gender identity.
The danger of the king’s words lies in how the state apparatus interprets them as a divine mandate for persecution. Recently, we have seen this “Rhetoric-to-Policy Pipeline” operate with chilling efficiency. Shortly after the Minister of Education made public vitriol against the existence of LGBTIQ+ students, reports emerged of children being expelled from schools. In a country where the king is culturally and traditionally called the “ingwenyama” (the lion), the bureaucracy acts as his pride; when leadership suggests that a particular group is “un-African” or “deviant,” the machinery of the state, along with the emboldened segments of the public, moves to purge that group from society.
For an openly gay man who has dedicated most of his adulthood to advancing equality and dignity for all, especially marginalized communities, these are not merely policy changes; they pose existential threats. When a powerful leader speaks, they offer a moral shield for the dogmatist and a legal roadmap for the policeman. In Eswatini, where political parties are banned, and the “tinkhundla” system (constituency-based system) — a system that systematically silences dissent and favors those aligned with the sovereign — is celebrated as the sole “authentic” form of governance, any identity that falls outside the narrow, state-defined “tradition” is seen as treason. By branding LGBTIQ+ rights as “ungodly” and essentially unwelcome in Eswatini, the monarchy effectively views the mere existence of queer Swazis as a subversive act against the crown.
The most harrowing example of this pattern is the assassination of human rights lawyer Thulani Maseko in January 2023. Maseko’s murder did not happen in isolation. It followed a period of heated rhetoric directed at those calling for democratic reforms. The king had publicly warned those demanding change that they would face consequences. On the evening after the king had said, “[t]hese people started the violence first, but when the state institutes a crackdown on them for their actions, they make a lot of noise blaming King Mswati for bringing in mercenaries,” Maseko was shot dead at his home in front of his family.
The parallel here is unmistakable. When the king targets the LGBTIQ+ community with his words, he is aiming at the most vulnerable. If a world-renowned human rights lawyer can be silenced following royal condemnation, what chance does a queer youth in a rural area stand when the king’s words reach the local chief or school head? This is what I call “Chaos as Governance”: a state where the law is replaced by the monarch’s whims, leaving the population in a constant cycle of managed chaos that renders collective opposition nearly impossible. Despite strong condemnation from the organization I founded, Eswatini Sexual and Gender Minorities (ESGM), recent reports already suggest growing support for the rhetoric shared by the king, indicating treacherous weeks and months ahead for ordinary queer people in Eswatini.
The monarchy’s defense of these actions is almost always based on “African tradition.” As Mswati has shown, the ban on political parties and the suppression of minority rights are framed as a return to indigenous governance, the “tinkhundla” system. But we must ask: whose culture is being defended? Is it a culture that historically valued communal care and diverse social roles, or is it a modern, imported authoritarianism cloaked in the robes of the ancestors?
When he uses his platform at the “sibaya” (traditional gathering) to alienate a segment of his own people, he is not engaging in dialogue; he is delivering a monologue of exclusion. This weaponized version of culture serves a dual purpose. First, it offers a “neocolonial” defense against international criticism, portraying human rights as a foreign threat. Second, it creates an internal enemy, the “terrorist” political dissident or the “immoral” LGBTIQ+ person, to distract from the fact that nearly two-thirds of the population live below the poverty line. In contrast, the royal family resides in obscene luxury, acquiring fleets of expensive vehicles.
The silence of Eswatini’s neighbors worsens its situation. The Southern African Development Community (SADC), a regional organization ostensibly committed to democracy and human rights, has repeatedly allowed Mswati to evade accountability. By agreeing to remove Eswatini from the Organ Troika agenda at the king’s request in 2024, SADC sent a message to every authoritarian in the region. If you conceal your repression behind the guise of tradition, we will not intervene.
The call for freedom of expression, including LGBTIQ+ rights, is a fundamental human right vital for safety and dignity. It demands that a child should not be expelled from school because of who they are. It insists that a lawyer should not be murdered for expressing their beliefs. It states that a king’s word should not be a death sentence. We must resist the “politics of distraction” that portrays the fight for minority rights as separate from the fight for democratic reform. The dissolution of political parties in Burkina Faso, the attack on lawyers in Zimbabwe, and the criminalization of advocacy in Senegal, Tanzania, and Uganda are all parts of the same pattern. They reflect a leadership class that fears its own people.
It is time for the African Union and SADC to decide whether to uphold the ideals of their lofty charters or to prioritize political convenience across Africa. For the people of Eswatini, improving livelihoods and human development can only occur when the king’s words are limited by a constitution that protects every citizen, regardless of whom they love or how they pray. Until then, the chaos is not a failure; it is the purpose. The monarch’s word may be law today, but the universal right to dignity is the only law that will endure. We must demand an Eswatini, and by extension, an Africa that seeks to improve the lives of its people, and where the “lion” protects all his people, rather than hunting those he deems “unworthy” of the shade.
Melusi Simelane is the founder and board chair of Eswatini Sexual and Gender Minorities. He is also the Civic Rights Program Manager for the Southern Africa Litigation Center.
Kenya
Kenyan advocacy groups launch LGBTQ voter mobilization campaign
As Kenya prepares for next year’s August general election, local queer rights groups have joined Gen Zers in also mobilizing their members to register as voters.
The groups’ drive began ahead of the electoral commission’s official launch of a one-month nationwide mass voter registration on March 30, targeting 6.5 million new voters to bring the total to more than 28 million.
The groups — led by the Initiative for Equality and Non-Discrimination (INEND) and Galck+ — note that politics is not optional, but rather it is “our responsibility” to use the ballot to put an end to bad leadership and discriminatory laws against them.
“Voting is one of the most powerful ways we exercise our autonomy and remind the State that our human rights are not ‘Western imports’; our struggles for housing, employment, safety, and dignity are fundamentally Kenyan issues,” INEND states.
It reminds queer individuals that the nation entrusts them with an identity card at age 18 as a recognition of their ability to make decisions, follow laws, and take responsibility for the country’s future.
INEND also notes that despite this honor, LGBTQ people get kicked out of their homes due to homophobia, are discriminated against at work, and face violence in public places due to the punitive laws that the same State legislates.
“As queer Kenyans, our vote matters,” INEND states. “Our voice belongs in the democratic and governance conversations, and true democracy includes everyone.”
Some voter mobilization initiatives the queer lobby groups have been using include ‘Queering the Ballot’ Podcasts on civic participation, dubbed ‘Your Vote is Your Future’. The topics explored include how laws shape their lives, the relationship between lived experiences of common citizens, discrimination fatigue, distrust in government systems, and voter apathy.
The groups through the mobilization drive hope to create a queer voting bloc to actively participate in restructuring and reconstructing the existing governance system they argue has been a problem for them. They maintain the queer community navigates a system that was not built for them from its questioning of their right to exist, yet the Kenyan Constitution clearly states that no citizen should be discriminated against based on sexual orientation or gender identity.
The Court of Appeal next month will hear a case challenging the constitutionality of provisions in Kenya’s Penal Code that criminalize consensual same-sex relationships among adults. The appeals court postponed the case after adjourning on Feb. 4, its first substantive hearing since the High Court judgement in 2019.
“Change requires more than pointing fingers. It requires reflection, action, and showing up, especially at the ballot box as LGBTQ Kenyan citizens and declaring that this is our country, our business, and we can no longer watch from the sidelines,” INEND states.
The group notes that they want a governance system that embraces queer people as they go about their daily lives without any form of homophobic discrimination, harassment, or arrests. Queer people are therefore urged to pick the right leaders who listen to them in Kenya’s six elective positions, from the president down to the local government representatives, as their decisions while in power affect them.
“It is very irresponsible for any human being, even around the world, to assume that they don’t have political responsibility. It is easy and sounds fancy to say ‘I don’t like politics,’ but it does not make one good as it makes one abandon their political responsibility as a citizen,” INEND states.
The groups are also concerned with the existing homophobia among Kenyans, especially whenever they join them in street protests against the government’s punitive measures or advocating for change. However, they maintain that the LGBTQ community won’t be left behind despite being marginalized in society, yet they are the most affected group when the government raids people’s pockets for taxes.
“Now we are moving from the margins to the centre of this political conversation early enough to ensure that our community sees the sense because if we live in a country that doesn’t work, we will be the most affected,” INEND states.
INEND, with the National Gay and Lesbian Human Rights Commission and Galck+, last November launched the second Queering the Ballot Campaign and the 2024 Situation Report on queer participation in Kenya’s democracy.
The report surveyed 14 of the country’s 47 local governments, whose key findings affirm that queer Kenyans are not outsiders to democracy but its heartbeat.
“The title ‘Our Vote, Our Future: LGBTQ+ Inclusion in Democratic and Governance Processes’ in Kenya is an ode to the spirit of the queer movement in Kenya; unshaken in the face of adversity, determined in its pursuit of justice, and unrelenting in demand to be seen, heard and counted in democratic and political processes,” reads the report forwarded by former Chief Justice Willy Mutunga.
The report calls on Parliament, the Independent Electoral and Boundaries Commission, the County Assemblies, and every Kenyan to make inclusion not symbolic but systemic.
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