Africa
Mauritius decriminalizes homosexuality
Country’s colonial-era sodomy law declared unconstitutional
The Mauritius Supreme Court on Wednesday declared Article 250 of the country’s penal code that criminalized consensual same-sex sexual relations unconstitutional.
The Young Queer Alliance, RekonekT, Collectif Arc-en-Ciel and other advocacy groups over the last couple of years have fought hard to decriminalize homosexuality in the country.
Abdool Ridwan Firaas (Ryan) Ah Seek, a gay man and prominent LGBTQ activist, in October 2019 filed a lawsuit that sought to strike down the penal code. His legal team included lawyers Gavin Glover, Yanilla Moonshira and Komadhi Mardemootoo. Human Dignity Trust and the organization’s founder, Tim Otty, and Herbert Smith Freehills supported the case.
“It has been a long battle and receiving this judgment in my favor is an enormous relief,” said Seek. “From today, as a citizen and a human being, I am now free to love whoever I want without fear. Above all, it also means that the next generations can fully and freely embrace their sexuality without fear of being arrested.”
LGBTQ Mauritians consistently face verbal harassment and even physical attacks from the community and religious sector, even though authorities rarely arrested anyone under Article 250 before the ruling.
Anjeelee Beegun of RekonekT said the Supreme Court ruling ensures everyone’s human rights are respected, regardless of their sexual orientation.
“Today the Supreme Court finally recognized that Section 250 of the penal code violates the fundamental human rights guaranteed by the constitution,” said Beegun. “More importantly, the Supreme Court has stated in clear terms that the constitution, which is the supreme law of the land, protects us from discrimination on the basis of sexual orientation.”
Beegun further described the ruling as a historic moment for LGBTQ Mauritians, noting the penal code is a legacy from the country’s colonial past.
“We can finally break free from the shackles of a centuries’ old law which, despite being a remnant of the country’s colonial past, continued to feed into the stigma and hate against LGBTQIA+ people in present days,” said Beegun.
“The LGBTQIA+ community in Mauritius continues to face numerous challenges, but the decriminalization of same-sex intimacy is paramount to the full inclusion of LGBTQIA+ people,” added Beegun. “This judgment is a huge leap forward in the right direction and will hopefully inspire the community to continue fighting for equality and dignity.”
Young Queer Alliance said the existing penal code violated the constitution.
“Section 250 of the criminal code is unconstitutional and violates Section 16 of the constitution in so far as it prohibits consensual acts of sodomy between consenting male adults in private and should accordingly be read to exclude such consensual acts from the ambit of Section 250,” said the group in a social media post.
Human Dignity Trust Chief Executive Téa Braun said the ruling was long overdue.
“Another 8-year effort comes to a gloriously decisive victory for equality and justice,” said Braun.
Collectif Arc-en-Ciel Vice President Dimitri Ah-Yu commended Seek for his endurance and perseverance in the case.
“This is an historic day for our organization and the entire LGBT community in Mauritius,” said Ah-Yu, noting Section 250 dates back to 1838. “We salute Ryan Ah Seek for his courage and the Supreme Court for choosing inclusion and human rights over conservatism and reprobation. At Collectif Arc-en-Ciel, we believe that it should be a collective responsibility to stand against discrimination and defend fundamental human rights.”
Angola, Botswana, Mozambique and South Africa are among the other countries in southern Africa that have decriminalized consensual same-sex sexual relations. The Mauritius Supreme Court issued its ruling roughly two months after a Pan Africa ILGA conference took place in the country.
Africa
Queer Kenyans decry homophobia in churches
Community urged to be proactive in countering violence
Kenya’s LGBTQ community has decried homophobia in the country’s places of worship leaving some of them with the option of embracing a new queer-friendly church in the capital Nairobi.
The queer people, while sharing homophobic experiences they encountered in Kenyan churches, stated that clerics and other believers have weaponized religious faith as a tool of violence against them.
This hate and discrimination, according to the LGBTQ community, has driven most of them into religious trauma and they are seeking spiritual refuge in the Cosmopolitan Affirming Church (CAC), which is open to queer individuals.
“As a pastor, I have worked in a [religious] space that as someone who I identify myself as a queer priest, I have been excluded from that very space out of lies that lack the truth to justify my exclusion,” said Godfrey Adera, an associate pastor at CAC.
Adera spoke during the International Day commemorating victims of violence based on faith and belief marked last Thursday where more than 1,700 queer Kenyans engaged in an X forum.
The forum organized by the National Gay and Lesbian Human Rights Commission (NGLHRC) noted that Uganda’s enactment of the draconian anti-homosexuality law last year has contributed to an increase in homophobic hatred and discrimination in Kenyan churches.
“I have seen a queer person talk about how he was in a church just last week and there were overtly no queer undertones going on in the church and the pastor unprovoked spoke about how he supports President Yoweri Museveni’s decision to deal with gays in Uganda, which is basically calling for a lot of homophobic violence,” said Elle Khaoma, the forum’s moderator from NGLHRC.
The queer community also noted that the plan by Kenya’s opposition MP Peter Kaluma to introduce a punitive anti-homosexuality draft law in parliament and supported by religious leaders and others has increased homophobic hate and stigma in places of worship.
Such actions have seriously impacted the LGBTQ community in terms of religious trauma, mental health, falling away from faith, feeling discriminated against and being perceived as outcasts, and battling stigma to the point of dying by suicide, according to experiences shared by several queer persons.
Some disclosed they decided to flee their homes after being disowned by their parents and siblings for identifying as LGBTQ contrary to religious faith and belief their families and churches subscribe to.
“After the hate and discrimination, I started to recognize my religious trauma. My motivation to overcome it has been that I’m not alone as a queer person to be impacted by religious trauma,” said Wanjiku, a journalist and lawyer.
She reiterated that sharing experiences with other queer persons about religious trauma from various churches, how they have dealt with it, and deconstructing hateful religious ideologies have helped her overcome the stigma.
Pastor Adera affirmed that queer persons should first acknowledge that religion and belief are used as a tool of violence in diversity to target them.
“After acknowledging, it is important to ask critical questions by interrogating the scriptures and finding alternative messages of love, justice, fairness, and God the creator of all humanity then making these messages more heard than the messages of hurt and hate that come with religious narratives,” he said.
He stated that alternative and balanced scriptures that promote inclusivity, diversity, and love that every church should stand for are what the Cosmopolitan Affirming Church teaches to demystify religious narratives of hate against queer individuals in mainstream churches.
“Religion comes with social control in terms of shaping what morality and norms look like and how we relate to each other, which is not a positive thing as it forms the basis of excluding other people like the queer,” Adera said. “It needs to be talked about and challenged in queer forums and advocacy by calling out people using religion to fuel bigotry, hate, and hurt in the nation.”
The CAC cleric asked the queer persons to take religion seriously since it has a huge influence on society and also urged them to examine it critically to push for inclusive conversations and accommodative norms to enhance social cohesion.
Adera assured the queer Christians that CAC is one of their alternative religions with resourceful materials like theological books, articles, and scriptures that are interpreted to suit their faith and belief.
“Mainstream churches have been more of gatekeepers by barring us, the queer persons, from experiencing our religious beliefs like other believers,” he opined.
During the forum, the queer persons were advised to have trusted and supportive allies who readily come to their protection and deconstruct religious narratives of hate and homophobia passed from generation to generation.
The LGBTQ community was further urged to be alert and proactive in countering legal, social, and cultural norms or violence that come with religious stigma both at small and large scale.
Africa
Transgender woman reaches final of Miss Universe Mauritius pageant
Michelle Karla among top 15 finalists
LGBTQ activists in Mauritius have applauded Michelle Karla, the first transgender woman to reach the final of the Miss Universe Mauritius pageant that took place on Aug. 10.
Karla was among the top 15 finalists who were vying for the ultimate crown, which Tania Renée, a cisgender woman, won.
“Queer visibility has often been weaponized against the LGBTQ community and the participation of Karla in Miss Universe Mauritius one year after the advancement of the transgender rights project where trans people have started being positively represented is a powerful message and symbol of a door being opened by us for us,” said Hana Telvave, an LGBTQ activist. “It is important that we back Karla up so that, she knows that the whole community is behind her and that her participation is courageous in a climate that still encourages online transphobia and online hate speech.”
Telvave added Karla’s participation in the pageant was a powerful message of hope to other aspiring trans models.
“Now we get to write our own history and our own journeys, and it is through such powerful opportunities where the whole nation can see us perform, represent and being our best where we can in a subtle way start positive change,” said Telvave.
Telvave noted the Miss Universe organization has allowed trans women to compete since 2012, but added “it took a long time for one transgender woman to join Miss Universe Mauritius, and it shows the gap between our administrative and legal systems.”
However, this is a powerful message of hope but it also shows us how much work we still have to do when it comes to legal gender recognition so that people can freely express their gender identity, and their dreams,” added Telvave.
Daniel Wong, another LGBTQ activist, said Karla’s participation in the beauty pageant is an epitome of the inclusion of LGBTQ people in society.
“This is a true and real example of inclusion that says much about moving into the right direction for the advocacy work for transgender persons to acquire equal civil rights,” said Wong. “The participation of Karla is a milestone that values and respects all transgender women wishing to participate in future beauty pageants. Hats off to the Miss Universe Mauritius organization for that bold and pioneer move of supporting the LGBTQIA+ cause in Mauritius.”
Wong, however, criticized the lack of full consultation of LGBTQ people and organizations in the drafting of the Gender Equality Bill, which would ban discrimination based on gender identity in Mauritius.
“Long is the way though, as the policy makers in Mauritius are demonstrating a lack of political will as the Gender Equality Bill is not being given its due recognition because most of the civil society organizations are yet to be consulted,” said Wong.
Miss Universe Mauritius says Karla is the first trans woman to work in the country’s financial sector, and is studying to become Mauritius’s first trans flight attendant. She is also the vice treasurer of the Young Queer Alliance, and has won several pageants that include Miss Fashion Mauritius 2015 and Miss Universe T International 2023/2024.
The Supreme Court last October declared unconstitutional Article 250 of the country’s penal code that criminalized consensual same-sex sexual relations. This landmark ruling also paved way for Mauritius’s first Pride month in two years.
Africa
Kenya’s largest LGBTQ advocacy group partners with Grindr
GALCK+ using gay hookup app to educate community about rights
Kenya’s largest umbrella LGBTQ organization has partnered with Grindr to allow their members to access vital information about their rights.
GALCK+, which is a coalition of 16 LGBTQ rights groups, announced its partnership with the gay hookup app earlier this month under the Grindr for Equality initiative. GALCK+ is the second LGBTQ rights group in Africa to enter into such a collaboration with Grindr.
Grindr on July 11 announced the partnership with IntraHealth Namibia, a non-profit health care provider in Windhoek, the country’s capital. IntraHealth Namibia is the first African organization to provide Grindr users with essential information on sexual and mental health and safety.
Grindr’s collaboration with the two African organizations to provide crucial information to its LGBTQ users directly through the app brings such partnerships to 30 countries around the world.
“A key pillar of Grindr for Equality’s work towards a world that is safe, just, and inclusive for people of all sexual orientations and gender identities is supporting initiatives that advance safety and sexual health for the LGBTQ+ community,” Grindr said in the latest partnership statement.
Grindr stated its new partnerships with organizations around the world will provide its users access to localized and real-time information on the issues that matter to them via a side drawer on the app’s home screen.
“We’ve also partnered with GALCK+ to provide our users in Kenya with in-app access to ‘Know Your Rights,’ a safety page designed to empower the Kenyan LGBTQ community by informing them of their rights,” said Grindr.
GALCK+, while acknowledging the partnership with Grindr, expressed optimism that its ‘Know Your Rights’ resource on the platform not only informs LGBTQ Kenyans about their legal rights but also offers critical information about free therapy, handling extortion and other issues.
“The brand new tab ‘Do I Have Rights?’ on Grindr app specifically for our community in Kenya is packed with essential safety and sexual health resources to help you navigate your experiences with confidence and peace of mind,” GALCK+ said on X.
GALCK+, through its Grindr resource tab, affirms queer rights are human rights meant to promote a position of social and legal equality for the LGBTQ people in society. It further notes the rights highlighted seek to address injustices that queer people face by outlawing homophobic discrimination and violence and pushing for changes to laws for easy access to health, education, public services, and recognition of same-sex relationships.
GALCK+, however, notes that despite queer people having the same rights as other Kenyans, laws criminalizing consensual same-sex partnerships remain in place. There are laws that protect intersex and transgender people, but they continue to suffer discrimination based on gender identity and sexual orientation.
The Kenyan LGBTQ group also cites several constitutional provisions and statutes.
“According to Article 19 (3) (a), the constitution states that your rights belong to you because you are a human being and are not granted by the state,” GALCK+ states. “Although some rights can be limited in some situations (Article 24), some rights cannot be limited at all.”
GALCK+ also highlights to Grindr users Sections 162 and 165 of the Kenyan penal code that outlaw homosexuality by listing sexual activities involved and the fines, including a 14-year prison term if convicted. It notes the two sections affect queer people’s sexual rights because criminalizing consensual same-sex conduct interferes with their lives.
“A person’s sexual orientation is an important part of an individual which, when not fully and freely expressed, negatively affects a person’s search for happiness,” GALCK+ states.
GALCK+ stresses laws that criminalize adult, private, and consensual same-sex acts contribute to violence and discrimination against individuals on the grounds of their sexual orientation.
“In some cases, members of the transgender and intersex community face violence and discrimination after being mistaken for being gay, lesbian, or bisexual,” GALCK+ states.
It informs Grindr users that identifying as LGBTQ is not a crime because Kenya’s anti-homosexuality laws only criminalize acts, and not identities that are protected freedom of speech and expression under the constitution. GALCK+ also tells Grindr users that an employer cannot fire or deny them employment based on their sexual orientation or gender identity.
“According to the Employment Act, it is the duty of the government and an employer to promote equality of opportunity between employees,” GALCK+ states.
The Employment Act covers equal chances of being employed; promoted; and equal treatment in the workplace without any form of discrimination, although it does not explicitly mention sexual orientation.
GALCK+ also educates Grindr users about their right to shelter without discrimination by a landlord based on their sexual orientation, gender identity, or expression under Article 43 (1) of the constitution. It states that every person has the right to “accessible and adequate housing, and reasonable standards of sanitation.”
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