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Kenyan MPs to consider anti-LGBTQ measures when Parliament reconvenes

Lawmakers urged to crackdown on homosexuality in the country

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Kenya Parliament (Photo by Sopotniccy/Bigstock)

Kenyan MPs are set to consider several anti-homosexuality proposals when Parliament reconvenes on Tuesday after a two-month break.

A group of more than 70 Kenyans from anti-LGBTQ lobby groups and religious organizations under the Kenya Christians Professional Forum and the Muslim Council of Imams and Preachers of Kenya petitioned Parliament on Feb. 1 to probe what they describe as the proliferation of homosexuality in the country.

The groups in their petition claim there have been “persistent, well-choreographed and well-funded” attempts by LGBTQ rights activists over the last decade to have anti-homosexuality laws declared unconstitutional. 

“They have filed numerous court cases and petitions in our courts,” reads the petition submitted to the National Assembly that Speaker Moses Wetangā€™ula heads. “This has not only been witnessed in Kenya but also many African countries including Uganda, Botswana, Zimbabwe, Namibia and many others.” 

The petitioners consider discrimination based on “sexual orientation and gender identity” used to push for the rights and freedoms of the LGBTQ community globally as ā€œalienā€ terminologies not just to Africans but to ā€œanyone with a moral fiber in their being.” 

They accuse the National Council on Administration of Justice, a judicial body of state and non-state members, of plotting to ā€œrevise our moral codeā€ through amendments to the Penal Code that criminalize consensual same-sex relations. 

The petitioners also raise a concern over last yearā€™s controversial Supreme Court ruling that allowed the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization, which they warn will have a serious impact on the family in Kenya if left unchallenged because it allows the legalization of LGBTQ people.

ā€œThere have been concerted efforts from foreign non-state actors through financial lobbying to effect changes to our penal law to decriminalize such acts long criminalized such as homosexuality,” reads the petition. ā€œThis is the beginning of a slippery slope from which the country may not recover if left unattended.”  

The petitioners further allege the infiltration of LGBTQ-specific content in childrenā€™s school books and want Parliament to urgently investigate unsanctioned publishers and book distributors and hold responsible individuals accountable. 

MPs are expected to approve a presidential education reform working group report presented to President William Ruto last August. Its recommendations include hiring pastors and imams in public elementary and high schools to fight homosexuality and other so-called immoral practices. 

The petitioners want MPs to also inquire into what they describe as public recruitment of students into the LGBTQ community in universities and colleges through meetings on sexual freedoms and minority rights. 

“These are inoculation and breeding grounds for the LGBTQ agenda,” reads the petition. “Unless Parliament intervenes and has these activities nipped in the bud, the moral decay we have seen over the last couple of years will continue to dizzying levels.”

Government officials the petitioners want to grill over LGBTQ activities and foreign funding of them in the country include Education Minister Ezekiel Machogu, Health Minister Susan Nakhumicha, Foreign Affairs Minister Musalia Mudavadi, Labor and Social Protection Minister Florence Bore and Police Inspector General Japhet Koome.    

Another proposed anti-homosexuality law expected to be introduced in the National Assembly during the session is the long-awaited Family Protection Bill, sponsored by opposition MP Peter Kaluma, which contains punitive provisions that include a 50-year prison sentence for gays and lesbians convicted of non-consensual sex. 

Kalumaā€™s bill, which the petitioners on the proliferation of LGBTQ practices in the country want its legislation fast-tracked, also proposes a ban on gay Pride parades, assemblies, street marchers, cross-dressing in public and all LGBTQ-related activities. The bill has been pending before Parliament’s Social Protection Committee since last June.

Kaluma complained about the committeeā€™s delay to Wentangā€™ula in August. 

MPs are also expected to consider a proposed law on surrogacy, the Assisted Reproductive Technology Bill 2022, which seeks to help individuals with infertility problems to use surrogate mothers and in vitro fertilization to have children. 

The bill, which is sponsored by another opposition MP, Millie Odhiambo, however, would prohibit gays and lesbians from having children via surrogate. 

The National Assembly first approved it in November 2021, but its finalization stalled in the Senate when the 12th Parliament’s term ended in August 2022 before the general election.  This delay rendered the bill “dead” under National Assembly rules because it can only proceed after its reintroduction in the current Parliament.

Odhiambo, who retained her parliamentary seat, reintroduced the bill in the National Assembly last May. The Health Committee will also accept additional proposals. 

The committee who Dr. Robert Pukose chairs last September tabled the report with numerous amendments to the bill for adoption. Some of the proposed amendments included the deletion of the term “couple or parties to a marriage” defined as a man and a woman who are in an association that may be recognized as a marriage under any law in Kenya and replaced with the term “intending parents” for individuals seeking to have children using surrogacy and IVF.

The committee argues the term “couple or parties to a marriage” is discriminatory and that marriage should not be a requirement for individuals to access assisted reproductive technology services, although same-sex marriages are outlawed in Kenya.         

“The bill aids couples or individuals with challenges of conceiving naturally and in this way, it addresses the reproductive health needs of Kenyans,ā€ the committeeā€™s report reads, a position which locks out gays and lesbians from parenting through surrogacy.

The bill would also criminalize the commercialization of surrogacy or related activities, such as procuring a surrogate mother by any person, an organization and any medical facility with hefty fines and jail terms.  

During the session, MPs are also expected to approve Kenyaā€™s revised National Policy and Action Plan on Human Rights that Attorney General Justin Muturiā€™s office is drafting to replace the 2014 one whose 5-year implementation period has lapsed. 

The new policy, which should be in place by this year, according to the Kenya National Commission on Human Rights, involved gathering views on human rights from the public, state and non-state actors including LGBTQ lobby groups in nationwide dialogues between August and October last year.   

The regional dialogues culminated in a national conference in Nairobi late last year on developing the policy.

Li Fung, senior human rights advisor to the U.N. Resident Coordinator in Kenya, attended the gathering during which Kaluma, while representing Wetangā€™ula, expressed Parliamentā€™s concerns over ā€œconstant erosion of hard-fought rightsā€ in the country and Africa with LGBTQ rights.  

ā€œUntil LGBTQ rights are universally agreed to by the U.N. General Assembly, as long as we (MPs) sit in the Parliament, we will not accept them as human rights in Kenya and they will not find space in our body of laws,ā€ Kaluma stated.  

The lawmakerā€™s warning followed criticism of his anti-homosexuality bill by Irungu Houghton, executive director of Amnesty International Kenya and chair of non-state actors on National Human Rights Dialogues, who said it promotes hate against LGBTQ refugees and the queer community at large.Ā 

ā€œWe do not need any form of identity-based discrimination and more hatred in this republic,ā€ Houghton said. He reiterated the ā€œgreatest threatā€ to Kenya and the constitution is the belief that ā€œsome human beingsā€ do not deserve equality, dignity and protection under the law. 

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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was ā€œMamba,ā€ they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

ā€œIā€™ll never forget that day,ā€ Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. ā€œI still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.ā€Ā 

Biodunā€™s experience isnā€™t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

ā€œSometimes, I often wonder how they learned about these platforms,ā€ Daniel, which is not his real name, told the Blade. ā€œYou would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.ā€Ā 

One time, someoneā€™s bio read, ā€œI’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)ā€ It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

ā€œBefore the removal of the screenshot option, I usually shared photos of others with my trusted friends,ā€ Biodun shared. ā€œBut since that was taken off, there was no way for me to do that.ā€ 

Although, according to Grindrā€™s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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Upcoming Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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(Image by rarrarorro/Bigstock)

Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex personā€™s data in a Census.Ā 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukizaā€™s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3Ā refusedĀ to ā€œnullify the Anti-Homosexuality Act in its totality.ā€)

ā€œWe recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,ā€ said Dunstan Balaba, the permanent secretary in the prime ministerā€™s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the countryā€™s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

ā€œIt will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,ā€ Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPDā€™s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex peopleā€™s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPDā€™s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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