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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

Suspension of US aid forces PEPFAR-funded programs in Africa to close down

Funding freeze is ‘matter of life and death’

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(Bigstock photo)

The suspension of nearly all U.S. foreign aid has forced a number of programs that the President’s Emergency Plan for AIDS Relief funds in Africa to shut down.

Secretary of State Marco Rubio on Jan. 24Ā directedĀ State Department personnel to stop nearly all U.S. foreign aid spending for 90 days in response toĀ an executive orderĀ that President Donald Trump signed after his inauguration. Rubio later issued a waiver that allows PEPFAR and other ā€œlife-saving humanitarian assistanceā€ programs to continue operating after bowing to pressure.

A message on the U.S. Agency for International Development’s website notes “all USAID direct hire personnel will be placed on administrative leave globally, with the exception of designated personnel responsible for mission-critical functions, core leadership, and specially designated programs.” The announcement is scheduled to take place on Friday at 11:59 p.m. ET.

One of the PEPFAR-funded healthcare programs in Kenya still impacted by the funding freeze, despite Rubio’s waiver, is the Fahari ya Jamii (“joy of the community” in Swahili) initiative that began in 2022. The University of Nairobi was jointly implementing the project.

The Sh4.2 billion ($32,558,139.52) project sought to coordinate and manage high quality, cost-effective, and accessible HIV services in Nairobi, neighboring Kajiado County, and other parts of Kenya. Fahari ya Jamii was scheduled to end in May 2026, but it has closed indefinitely because of a lack of U.S. funding.

More than 700 staff, mostly healthcare workers, on Jan. 31 were placed on unpaid leave for three months, or until Washington decides whether to unfreeze funding. More than 150 Fahari ya Jamii clinics that offer HIV treatment to at least 72,000 people on antiretroviral drugs have also shut down.

The initiativeā€™s target groups include children, adolescents, and adults living with HIV; young people, men, and women at risk of HIV; and key populations that include men who have sex with men and female sex workers.  Fahari ya Jamii since 2022 has offered HIV tests to more than 257,500 people, connected 94 percent of those who tested positive to treatment, distributed condoms and lubricants, and disseminated safter sex messages to their target groups.

Faith Ndungā€™u, advocacy manager for Kenya’s Health NGOs’ Network (HENNET) said the Trump-Vance administration should have used a humane approach to engage with countries that benefit from U.S. funding, instead of abruptly suspending it.

ā€œWe are feeling the magnitude of the suspension in the health sector because these are lives; these are people,” said Ndung’u. “When such an abrupt decision is made, we are talking about more than one million people living with HIV being affected.ā€

HENNET is an umbrella group with 112 members from local and international NGOs, faith-based organizations, and research institutions that focus on health-related issues inĀ Kenyaā€™s 47 local governments.

ā€œThis is now a wakeup call for Kenya and Africa to invest in the health sector by funding it more not to be in a similar crisis when a donor pulls out or forfeits his commitment,ā€ Ndungā€™u said.  

Local governments that also rely on USAID to run PEPFAR programs have suspended their U.S.-funded activities and phased out the stand-alone comprehensive HIV care centers by integrating treatment and care into general health care services. This move has forced hundreds of health care workers to go onto unpaid leave and wait for further guidance.

Pema Kenya, a Mombasa-based queer lobby group, said the decision to suspend funding means “uncertain times” for the LGBTQ community and Kenyans at large who depend upon U.S.-funded groups for their health care.

ā€œMany queer organizations rely heavily on USAID funding for vital services such as HIV/AIDS prevention and treatment, mental health support, and legal aid,ā€ Pema Kenya stated.

Pema Kenya noted the suspension of U.S. aid could severely cripple queer organizations and leave vulnerable people with limited access to crucial resources.

ā€œThis would be a significant setback in the fight against HIV/AIDS and other health crises disproportionately affecting the LGBTQ+ community,ā€ Pema Kenya stated.   

GALCK, a coalition of 16 Kenyan LGBTQ rights groups, was even more blunt.

“This isn’t just a policy decision; it’s a matter of life and death,” it said in a statement.

OUT and Engage Man’s Health ā€” two South African organizations that provide HIV services to MSM, transgender people, sex workers, and other vulnerable groups through PEPFAR ā€” have also been impacted by the U.S. funding freeze.

OUT and Engage Manā€™s Health, which provides HIV services to MSM, announced on Jan. 27 that it will stop offering services ā€œuntil further noticeā€ due to a lack of funding. The organization asked its clients to seek services from the nearest public health facilities.

ā€œWe deeply value our clients and remain committed to safeguarding your health,” said the announcement. “We sincerely apologize for the inconvenience and disruption this may cause. Unfortunately, we are unable to provide further details at this time.ā€

Kenya and most other African countries have said a permanent suspension of U.S. aid will adversely impact progress made in the health sector, particularly the fight against HIV/AIDS. Botswana and some other nations on the continent that use their national budgets to purchase antiretroviral drugs, have assured their citizens the supply of these medications will not be interrupted.

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Uganda

Ugandan advocacy groups step up fight against mpox

More than 500 new cases reported in country over last two weeks

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(Image by rarrarorro/Bigstock)

As mpox cases continue to surge in Uganda, LGBTQ rights organizations have raised concerns over its ā€œtroubling increaseā€ among the queer community and have advised it to be on high alert.  

The Uganda Key Populations Consortium, an LGBTQ rights organization, working closely with the Health Ministry and Kampala Capital City Authority and other government bodies to stem the spread of mpox, has warned that queer people in semi-urban areas are the most affected.   

ā€œThese communities have expressed valid concerns regarding stigma and discrimination which may deter individuals from seeking necessary medical attention,ā€ UKPC Director General Richard Lusimbo said.  

Uganda has recorded 512 new mpox cases in the last two weeks, bringing the total number of cases to 2,127 and 12 deaths, as the Health Ministry confirmed on Tuesday. The World Health Organizationā€™s latest multi-country report on the mpox outbreak, released on Jan. 11, indicates that Uganda has recorded 1,552 cases and 12 deaths since the disease was first reported last July..      

The WHO report places the capital Kampala with the highest number of mpox diseases spread through community transmission with an infection incidence of 45 cases per 100,000 people, followed by the Wakiso and Nakasongola districts.

ā€œCases have been reported in at least 49 percent (71 out of 146) of districts in the country, but the epidemic remains largely concentrated in and around Kampala,ā€ the WHO report reads. ā€œSo far, only clade Ib MPXV, linked to the outbreak in the eastern Democratic Republic of the Congo, has been detected in the country, and current evidence indicates that transmission of the virus is occurring exclusively through close, physical human-to-human contact.ā€ 

People between 20-29 are the most affected group, with sexual contact as a major mode of transmission among sex workers and men who have sex with men.

The UKPC has issued an urgent health advisory to the queer community as it collaborates with the Health Ministry and KCCA in responding to the mpox transmission through immediate and long-term actions, including integrating its response with ongoing HIV prevention and care strategies. 

Lusimbo, whose organization has also partnered with WHO and the Most At Risk Populations Initiative, a local health NGO, to stem the spread of mpox stated a unified preventive approach that is inclusive and effective is vital for the health and safety of all Ugandans.   

ā€œThe fear of stigma and discrimination can exacerbate the situation by hindering effective response and treatment efforts,ā€ Lusimbo said. 

He noted that the fight against mpox in Uganda is not just limited to managing a health crisis. It also offers the queer community an opportunity to advocate for the rights and dignity of the marginalized groups. 

The UKPC last week unveiled an online survey on the mpox epidemic targeting queer people in Uganda to reliably understand its impact on them and their knowledge about the disease.Ā 

ā€œMpox continues to disproportionately affect mostly our community, especially female sex workers and their clients, and men who have sex with men,ā€ the survey reads. ā€œAs the national secretariat and coordinating body for key populations, UKPC, in partnership with KCCA, has been leading important discussions on the diseaseā€™s public health implications in areas where the impact is most notable.ā€

The report states the survey data will help develop tailored, inclusive, and equitable interventions for the LGBTQ community. The survey also seeks to provide specific numbers of queer people who have contracted mpox and those who have died from the disease.

Uganda Minority Shelters Consortium Coordinator John Grace attributed the lack of data about queer people affected by mpox to privacy concerns, stigma, and discrimination against the community by the homophobic public and state authorities tasked with enforcing anti-homosexuality laws. He said the Anti-Homosexuality Law has created a significant barrier for queer people to report such abuses.

ā€œThis makes it difficult to ascertain the true extent of stigma and discrimination or the impact of misinformation about transmission methods,ā€ Grace said.  

Grace also noted the collaboration between LGBTQ organizations and healthcare providers in tackling mpox has been ā€œinconsistent.ā€ 

ā€œWhile some providers have been welcoming and supportive, others demonstrate a lack of awareness or sensitivity regarding the specific needs of the LGBTQ+ community,ā€ he said.

Despite the homophobic climate in Uganda amid the fight against mpox, Grace noted many LGBTQ organizations have proactively disseminated accurate information to educate queer people about the diseaseā€™s prevention within their communities through educational campaigns and safer sex practices.   

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Ghana

Ghanaā€™s president says anti-LGBTQ bill ā€˜effectively is deadā€™

Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill passed in 2024

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Ghanaian President John Mahama (Photo via John Mahama's official Instagram account)

Advocacy groups in Ghana have welcomed the demise of a bill that would have further criminalized LGBTQ people and outlawed allyship.

President John Mahama on Jan. 14 said the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that MP Sam George of Ningo-Prampram co-sponsored in 2021 was essentially dead. Mahama made the remarks to a delegation of bishops from the Ghana Catholic Bishopā€™s Conference.

“If we are teaching our values in schools, we wouldnā€™t need to pass a bill to enforce family values,ā€ said Mahama. ā€œMore than just passing the Family Values Bill, we need to agree on a curriculum that instills these values in our children as they grow.ā€

The president also said that although MPs passed the bill last February, parliament dissolved before former President Nana Akufo-Ado, whose term ended earlier this month, signed it.

“I donā€™t know what the promoters of the bill intend to do, but I think we should have a conversation about it again,ā€ said Mahama. ā€œAs far as I know, the bill did not get to the president. So, the convention is that all bills that are not assented to law before the expiration of the life of parliament, expire. So that bill effectively is dead.ā€

LGBT+ Rights Ghana Communications Director Berinyuy Burinyuy said the president’s remarks offer a glimmer of hope for LGBTQ Ghanaians who have long been subjected to systemic discrimination, fear, and violence.

“For many, the mere suggestion that LGBT+ issues could be addressed through education rather than criminalization represents a significant departure from the traditional legislative path championed by the billā€™s proponents,ā€ said Burinyuy. ā€œThis shift implies a possible opening for dialogue and a more inclusive approach, one that recognizes the need for respect and understanding of diverse sexual identities within Ghanaian society.”

Burinyuy, however, asked about how family values will be incorporated into the educational curriculum.

“Will the curriculum provide a comprehensive, nuanced understanding of human sexuality that respects diversity, or will it risk reinforcing discriminatory attitudes under the guise of cultural preservation?ā€ said Burinyuy. ā€œThe fear, particularly among LGBT+ activists is that the emphasis on education could inadvertently foster homophobia in Ghanaian children. If the content is not carefully structured, it could perpetuate harmful stereotypes and deepen existing prejudices.ā€

“While Mahama may not yet be fully committing to a clear policy direction, his statement leaves open the possibility of a more balanced approach, one that allows for a national conversation on sexual rights without rushing into divisive legislation,ā€ added Burinyuy.

We Are All Ghana said Mahamaā€™s comments are a welcomed approach in addressing anti-LGBTQ sentiments and negative stereotyping.

“We need a holistic educational curriculum for our schools,ā€ said We Are All Ghana. ā€œThe children at least deserve to know the truth. There is nothing worse than half baked information.ā€

Yaw Mensah, an LGBTQ activist, said Mahama is teaching Ghanaians to be tolerant of everyone, regardless of their sexual orientation.

“Mahama is indirectly saying LGBT persons are not Ghanaā€™s problems. Letā€™s teach families values that accept and respect everyone. Ghanaian values should be tolerance, respect, honesty, hardworking, hospitality, and integrity,ā€ said Mensah. ā€œThose need to be taught and not the hate, discrimination, barbarism, greediness, and hypocrisy that we are seeing in many leaders which transcends into the young ones.”

George has yet to comment on Mensahā€™s comments about his bill.

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