Africa

New guidebook seeks to sensitize Kenyan judges on LGBTQ rights

Advocacy group and jurist coalition co-authored publication

Published

1 year ago

October 19, 2023

Kenya flag (Photo by rarrarorro/Bigstock)

An LGBTQ rights organization and a coalition of jurists in Kenya have unveiled a judicial guidebook to help judges better protect queer people’s rights.

The Initiative for Equality and Non-Discrimination and the Kenya Judges and Magistrates Association consider the use of the book in Kenyan courts as a milestone in realizing LGBTQ rights.

The book, titled “A Legal Resource Guide on Implementing LGBTIQ+ Human Rights in Kenya”, cites endless discrimination and legal challenge against queer persons because of their sexual orientation, gender identity or expression.

It details dozens of court cases and rulings in favor of LGBTQ petitioners from across Africa and abroad for Kenyan judges to adopt in their rulings for queer people to enjoy the same rights as their heterosexual counterparts when seeking justice.

“By providing details on past cases and the jurisprudence employed in them, the bench book displays how cases involving these minorities are handled, argued and settled. This black-and-white approach can, in turn, help set different criteria moving forward,” part of the 122-page book reads.

The Initiative for Equality and Non-Discrimination and the Kenya Judges and Magistrates Association since 2021 have trained more than 135 jurists across the country on protecting the rights of LGBTQ persons in their ruling.

High Court Judge Edward Muriithi, the Kenya Judges and Magistrates Association’s public secretary who presided over its launch on Oct. 13, described the book as “an eye-opener” for judicial officers to handle and enforce matters related to minority rights in courts with “an open mind.”

Muriithi also acknowledged the existence of LGBTQ people in society and noted they also deserve to enjoy human dignity, rights and freedoms as the constitution’s Bill of Rights affords.

Mumbua Matheka, another High Court judge who forwarded the book, considers it valuable reference material for her and other judicial officers who struggle with what she terms as “our moral judgements” in hearing LGBTQ cases.

“It will help us to see practically what our colleagues in this jurisdiction and others have done when members of this community come into contact with the law or seek justice in any of its many forms from the courts,” stated Matheka.

She notes tit is their duty as judicial officers to uphold Article 27 of Kenya’s constitution that prohibits any form of discrimination against anyone by any person or the state.

Opposition MP Peter Kaluma, who has sponsored a tougher anti-homosexuality bill that awaits introduction in the House, sharply criticized the Kenya Judges and Magistrates Association for its involvement with the book.

“Several judges and magistrates in Kenya are recruited by homosexual groups to normalize homosexual/LGBTQ perversion in Kenya through the courts,” Kaluma said. “Already 135 Kenyan judicial officers trained, a guide on homosexuality launched for courts!”

Muriithi and Matheka’s support for the queer community’s rights comes amid a series of anti-LGBTQ protests in some parts of the country that include Nairobi, the Kenyan capital, and Mombasa that religious leaders and politicians have organized to denounce homosexuality.

The homophobic protests are in response to last month’s Supreme Court ruling that affirmed its February judgment to allow the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization.

Clerics and politicians during the protests have been demanding the resignation of three judges, including Deputy Chief Justice Philomena Mwilu who ruled in support of the National Gay and Lesbian Human Rights Commission.

Kenya’s constitution only recognizes consensual opposite-sex relations under Article 45 while Section 162 of the penal code criminalizes consensual same-sex relations.

Mohamed Ali, an MP from the ruling party who is a vocal anti-LGBTQ critic, is among politicians who are leading the protests. He has vowed protesters remain steadfast in the fight against homosexuality to protect Kenya from the ploy of “any foreign power.”

“We call for the three judges that passed this morally and ethically flawed ruling to apologize, reverse, or resign from their positions,” Ali said. “The filth of homosexuality has no room in our beloved country.”

An LGBTQ rights group in Mombasa, however, has sued Police Inspector General Japhet Koome over the protests and wants the court to ban on them in the country for promoting incitement and hate.

Initiative for Equality and Non-Discrimination Executive Director Esther Adhiambo attributes the discrimination and hostility against the queer community in Kenya to existing gaps in the constitution on the protection of sexual and gender minorities’ rights, social justice and inclusion.

“We therefore took it upon ourselves to create a bench book that would facilitate the wider adoption of practices prohibiting discrimination on the grounds of sexual orientation and gender identity or expression,” Adhiambo stated.

Although some lobby groups and activists have lauded the Kenyan courts for issuing judgments that favor the LGBTQ community, Adhiambo lamented the systemic lack of fairness for queer persons to get justice. She, therefore, called for more civic education for homophobic Kenyans to embrace diversity and non-discrimination against the LGBTQ community in society.

Adhiambo expressed optimism the new book will inspire and embolden judicial officers to perform their duties independently to also protect the rights of queer persons against stigma, discrimination and homophobia.

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South Africa

WorldPride 2028 to take place in Cape Town

South Africa is first African country to host event

Published

18 hours ago

December 5, 2024

Daniel Itai

(Photo courtesy of Michael Gladwin)

Cape Town last month secured enough votes to host WorldPride in 2028.

The bidding process, which started in late October, took place in Medellín, Colombia, where the Guadalajara (Mexico) Pride and WorldPride Cape Town bidding teams contended for the rights to host WorldPride. InterPride, which organizes the event, on Nov. 8 officially declared Cape Town the host of WorldPride 2028.

It will be the first time WorldPride will take place in an African country.

South Africa is the only country on the continent that constitutionally recognizes LGBTQ rights. South Africa, as a result, in recent years has seen a surge in the number of LGBTQ asylum seekers from Africa and around the world.

Reacting to the historical precedence, Cape Town Pride said it was now time for Africa to shine and acknowledged the WorldPride Cape Town bidding team and the city of Cape Town for their role in the bidding process.

“This is a first for the whole continent of Africa,” said Cape Town Pride CEO Tommy Patterson. “A few weeks ago, in Medellín, Cape Town Pride, the city of Cape Town, and the bidding team presented our bid. The team did a wonderful job and we all forged great friendships and allies from Pride groups all over the globe.”

“Cape Town Pride is thrilled by the news and support shown by the global LGBTI+ family,” added Patterson.

Michael Gladwin of the WorldPride Cape Town bidding team echoed Patterson’s excitement.

“This will mark the first time WorldPride is held on the African continent, and we couldn’t be more excited to welcome the global LGBTQ+ community to our beautiful city,” said Gladwin. “A heartfelt thank you goes out to all our incredible partners who supported this journey. Together, we will showcase Cape Town as a beacon of inclusivity and diversity.”

Gladwin also congratulated Guadalajara Pride for their bid.

“Their commitment in promoting LGBTQ+ rights is inspiring, and we look forward to collaborating in the future,” said Gladwin.

Cape Town’s LGBTQ community is celebrating the successful bid, while others in the city have criticized it.

Rev. Oscar Bougardt, founder and lead pastor of the Calvary Hope Baptist Church, described WorldPride as “garbage” and “filth” that should be condemned.

“I am happy to say I am amongst the pastors in Cape Town who are in opposition and are outraged at this garbage planned for 2028,” said Bougardt. “The city of Cape Town and LGBTQ+ organizations planned this event without consulting rate payers, this bid was done in secret and taxpayers’ money will be used to fund this filth.”

“Just as the LGBTQ + organizations have the right to host WorldPride 2028, we have the right to say we don’t want it in Cape Town,” he added. “I pray more church leaders will stand up against the planned WorldPride 2028. To church leaders and parents, this is the time to unite and tell the city of Cape Town and LGBTQ+ organizations that we are disgusted at the planned event. Untied we stand and divided we will fall!”

Kaohsiung, Taiwan, in 2022 won the bid to host WorldPride 2025, but the local planning committee withdrew it amid a dispute with InterPride. WorldPride 2025 will take place in D.C. from May 17-June 8, 2025.

The 2024 ILGA World Conference took place last month in Cape Town.

Uganda

Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

Torture took place in 2020 during COVID-19 lockdown

Published

1 week ago

November 26, 2024

Michael K. Lavers

(Image by rarrarorro/Bigstock)

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

Published

2 weeks ago

November 20, 2024

Daniel Itai

(Bigstock photo)

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.