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Kenyan court bars homophobic protests

Mombasa High Court to reconsider case on July 24

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(Image by Bigstock)

The queer community in Kenya can breathe a sigh of relief after a Mombasa court on Monday ruled clerics, politicians, and anti-LGBTQ groups cannot hold homophobic protests or engage in incitement.

The Mombasa High Court’s ruling, however, is temporary until July 24 when the court in Kenya’s second-largest city determines a petition on the issue.

Two petitioners — Mr. JM and the Center for Minority Rights and Strategic Litigation — last October sued Police Inspector General Japhet Koome for allowing religious leaders and lobby groups to hold homophobic protests whenever a court rules in favor of the LGBTQ community.

The petitioners’ effort to demand a ban on anti-LGBTQ protests in Kenya was in response to a series of homophobic demonstrations, particularly in Mombasa, after the Supreme Court last September affirmed an earlier decision that allowed the National Gay and Lesbian Rights Commission to register as an NGO. 

Mombasa High Court Judge Olga Sewe in her Monday ruling also directed the petitioners and the respondents, who include Koome, two anti-LGBTQ activists and a national lobby group dubbed the “Anti-LGBTQ Movement” that organized protests, to file their witness lists and counter statements within 14 days of the July hearing. 

“Pending the hearing and determination of this petition, this Honorable Court (does) hereby issue a conservatory order restraining the 2nd and 5th Respondents from calling on or inciting members of the public to carry out extra-judicial killing, lynching, punishing, stoning, forcible conversion, or any other means of harming LGBTQ+ identifying persons and their homes,” Sewe stated. 

She also stopped the “Anti-LGBTQ movement,” Koome and any state agency from any attempted “expulsion from Kenya or any party of Kenya of LGBTQ+ identifying persons or closure of organizations serving LGBTQ+ identifying persons.” 

The court’s directives come after the Center for Minority Rights and Strategic Litigation led a protest on April 11 against the “anti-LGBTQ Movement”‘s invasion of Mvita Clinic in Mombasa that “hateful misinformation” reportedly sparked because the facility also serves queer people.  

“Mvita Clinic, like all healthcare providers, serves the entire community,” CMRSL stated. “Targeting them for LGBTQ+ inclusion is discriminatory and an attack on the basic right to health. Everyone deserves access to healthcare, and we urge an end to the spread of lies. Let’s promote inclusivity and ensure Mvita Clinic remains a safe space for all.”

CMRSL in response to Osewe’s ruling said it was a “major win for safety and equality in Kenya” because it allows the LGBTQ people to live with “greater peace of mind.” 

The Initiative for Equality and Non-Discrimination, an LGBTQ rights group, meanwhile lauded the court’s decision as a reprieve to homophobic attacks on the queer community. 

“There is some reprieve given the security incidents we witnessed during the protests on Sept. 15 last year,” INEND Communications Officer Melody Njuki told the Washington Blade.

“We had rescued LGBTQ+ folks in Mombasa, Kilifi, and Lamu, due to security incidents caused by the hatred the anti-LGBTQ movement mongered and the calling of violence towards people associated with the queer group and those identifying as members,” she added. 

PEMA Kenya, a Mombasa-based gender and sexual minority organization, also applauded the court’s temporary injunction, describing them as timely in protecting the LGBTQ community against all forms of homophobic attacks. 

“We welcome the ruling and we believe it will impact our members who for some time felt robbed of the freedom to express themselves,” PEMA Kenya director Ishmael Baraka told the Blade. 

The Nature Network, a rights organization for refugees living in Kenya, also welcomed the Monday ruling which it termed “a positive step showing the courts’ commitment to upholding human rights for all.”

“Anti-LGBTQ Movement” Chair Salim Karama, however, declined to respond to the Blade’s questions about the ruling until determination of the petition’s status. He noted the organization is waiting for their lawyer to speak with them about the decision and the filing of counter statements that Sewe ordered.

As LGBTQ rights groups seek the queer community’s protection in Kenyan courts, parliament, on the other hand in is set to consider a petition that notes what it describes as the proliferation of homosexuality in the country.

National Assembly Speaker Moses Wetang’ula on Feb. 27 referred the petition to the relevant parliamentary committee for inquiry after MP Ali Mohamed, a member of the ruling party and a vocal LGBTQ rights opponent, presented it in the National Assembly, the lower house of the Kenyan parliament, on behalf of a group of more than 70 Kenyans and religious organizations opposed to homosexuality.    

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Lesotho

LGBTQ activist murdered in Lesotho

Authorities have arrested a suspect in Kabelo Seseli’s death

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Kabelo Seseli (Photo courtesy of Seseli's Facebook page)

Kabelo Seseli, a gay crossdresser and LGBTQ activist in Lesotho, was murdered over the weekend in a suspected homophobic attack.

According to the People’s Matrix Association, a LGBTQ rights organization, Seseli’s body was found with stab wounds on their neck and genitals.

“This was not just a murder, it was a hate-driven, dehumanizing act meant to send a message of fear and rejection to our community,” said the People’s Matrix Association in a statement posted to its Facebook page on April 29. “Kabelo deserved to live. Kabelo deserved dignity, safety, and the freedom to exist without fear, just like every Mosotho.”

The LGBTQ rights group also said it is demanding action, justice, and protection from the government, especially given the fact authorities have arrested a suspect.

“We strongly condemn this act of violence and call on the government of Lesotho and law enforcement authorities to conduct a thorough investigation and ensure that those responsible are held fully accountable,” said the People’s Matrix Association. “We also urge leaders and the public to reflect on the role of hate speech and social stigma, which continue to incite violence against LGBTI individuals across our country. We demand action.”

Victor Mukasa of Trans and History Intersex Africa also condemned Seseli’s murder.

“Death is a fact of life, but murder is criminal,” said Mukasa. “Murder of people because they are LGBTIQA+ or for belonging to a particular social group is a hate crime.”

Thato Motsieloa, a gay crossdresser and LGBTQ activist, said he was “deeply distraught to learn about the brutal murder of Kabelo Seseli.” Motsieloa said he and Seseli met on Facebook.

“Although we never met in person, we had plans to do so,” said Motsieloa. “The manner of his death is particularly heartbreaking, and the fact that his killers desecrated his body by removing his private parts is utterly heinous. I hope justice is served, and those responsible face the consequences of their horrific actions. My sincerest condolences go out to Kabelo’s family, may his soul rest in eternal peace.”

Lesotho in 2012 decriminalized consensual same-sex sexual relations. Marriage, however, remains limited to heterosexual couples. There have also been sporadic reports of anti-LGBTQ hate crimes since 2012.

The International Commission of Jurists, in partnership with Outright International, a New York-based LGBTQ advocacy group, in 2022 held a workshop with the Lesotho judiciary that focused on human rights for the LGBTQ community.

The judiciary noted LGBTQ people exist, but acknowledged there is no local jurisprudence on their rights, even though the country’s constitution guarantees the right to respect private and family life and freedom from discrimination.

Religious and cultural norms, like in many African countries, play a pivotal role in how society perceives the LGBTQ community. Many people in Lesotho disregard the existence of LGBTQ people, even though the government is trying to make room for the acknowledgment of LGBTQ rights.

Outright International Africa Advocacy Officer Khanyo Farise says the judiciary’s active engagement with the LGBTQ community is an important step towards ensuring LGBTQ rights are upheld.

“Judges and judicial officers play an important part in ensuring access to justice for LGBTIQ+ people, but also have an important role in producing judgments which can advance their human rights,” said Farise.

ICJ Africa Communications and Legal Officer Mulesa Lumina said though the ICJ is encouraged by these developments, particularly the willingness of judiciary members to understand the plight of the community, LGBTQ people continue to face harassment, discrimination, abuse and violence because of their actual or perceived sexual orientation and gender identity.

“We will continue working with partners, such as the People’s Matrix and Outright International, to ensure the enforcement of the country’s obligations under international human rights law, which entitle LGBTIQ persons to the full range of human rights without discrimination,” said Lumina.

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Kenya

Kenya Red Cross-owned hotel to host anti-LGBTQ conference

Speakers from US, European countries to participate in May 12-17 gathering

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Plans to host a family values meeting next month in a 5-star hotel in Nairobi that the Kenya Red Cross Society co-owns have sparked an uproar among local queer rights groups.

The groups accuse the Kenya Red Cross of violating its Global Fund commitment of protecting key populations by allowing its Boma Hotel to host an “anti-gender and anti-LGBTQ” conference. 

Influential guest speakers from the U.S., the Netherlands, Spain, and Poland will preside over the Pan-African Conference on Family Values that will take place from May 12-17. The Kenyan advocacy groups say these speakers’ organizations are globally recognized for undermining LGBTQ rights.

“As the principal recipient of Global Fund in Kenya, hosting this event contradicts (the) Red Cross’s humanitarian mission and threatens the safety and dignity of people living with HIV, women and LGBTQ+ individuals, the communities that Kenya Red Cross Society has long committed to supporting,” the queer rights groups state. 

The LGBTQ groups that have criticized the Kenya Red Cross include Upinde Advocates for Inclusion, the Initiative for Equality and Non-Discrimination, and Gay and Lesbian Coalition of Kenya. They have also launched an online signature collection drive to compel the Kenya Red Cross to withdraw the hotel from hosting the “Promoting and Protecting Family Values in Challenging Times”-themed conference.

“The event’s so-called ‘family values’ narrative is a smokescreen for policies that push hateful legislation and promote death, discrimination, femicide, gender-based violence, and restrict fundamental freedoms across Africa,” the groups said.  

The pro-life Western organizations that are scheduled to participate in the conference include Family Watch International from the U.S., CitizenGo from Spain, the Ordo Luris Institute from Poland, Christian Council International from the Netherlands, the New York-based Center for Family and Human Rights (C-FAM), and the Foundation for American Cultural Heritage. Their local counterparts include the National Council of Churches of Kenya, the Kenya Christian Professionals Forum, the Africa Christian Professionals Forum, and the Evangelical Alliance of Kenya.

C-FAM President Austin Ruse; Family Research Council Vice President for Policy and Government Affairs Travis Wever; Global Life Campaign Executive Director Thomas W. Jacobson; and the Rev. Ricky Chelette, executive director of Living Hope Ministries, Inc., and president of the Institute of Biblical Sexuality are among the U.S. guest speakers. Other participants include Henk Jan van Schthorst, president of Christian Council International’s board of directors, Ordo Luris Institute President Jerzy Kwasniewskie and his colleague, Rafal Dorosinski, director of the group’s Legal Analysis Center. 

The Kenyan groups through their online petition — “Tell Red Cross Kenya Not to Give Hate a Platform” — has so far raised more than 1,000 of the 10,000 signatures they hope to collect. The petition is addressed to Red Cross Kenya Secretary-General Ahmed Idris and his predecessor, Abbas Gullet, who is the hotel’s director.

“We call on you to immediately cancel this booking and publicly reaffirm Red Cross’ commitment to human rights, health and inclusivity,” the petition reads. “Failure to act will raise concerns about whether (the) Red Cross can still be trusted by the community to lead with empathy and fight for their rights.” 

The Kenya Red Cross, however, maintains the Boma Hotel is a separate entity, even though public records indicate it is one of the facility’s shareholders.

The LGBTQ groups note the hotel should be a safe space that promotes inclusion, not platforms that enable “harmful gathering” for hate and exclusion by “dangerous groups.”   

“By providing a venue for this event, Red Cross directly enables a platform for hate and discrimination — a stark contradiction to the values of inclusivity, humanity, and nondiscrimination that the organization claims to uphold,” they said.  

The organizations further warn that proceeding to host the conference threatens the relationship between the Red Cross and the marginalized communities who have long depended on the humanitarian organization for support and protection. CitizenGo has nonetheless criticized the LGBTQ groups, which it describes as “radical activist groups” for “trying to silence a pro-family event” and asked the Kenya Red Cross and the Boma Hotel not to back down.

“These groups are calling the event ‘hateful’ because it affirms the natural family — marriage between a man and a woman — and the dignity of every human life, including the unborn,” Ann Kioko, the group’s campaign director for Africa and the U.N., said.

Through an online counter signature collection drive, Kioko holds CitizenGo and other groups won’t be intimidated, silenced or apologize to the queer rights groups for defending “our families, our faith and our future”.  

“The real goal of these foreign-funded activist groups is to impose LGBTQ and gender ideologies on Africa — ideologies that have led elsewhere to the confusion of children, the breakdown of family structures and the rise of sexual libertinism that results in abortion, STIs and lifelong emotional and psychological trauma,” Kioko stated.  

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Africa

LGBTQ activists in Africa work to counter influence of American evangelicals

Lawmakers continue their crackdown on queer rights

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LGBTQ activists protest in front of the Ugandan Embassy in D.C. on April 25, 2023. Activists across Africa are fighting the growing influence of American evangelical Christians. (Washington Blade photos by Michael K. Lavers)

American far-right evangelical organizations fund African MPs and religious groups and support their advocacy efforts against homosexuality.

The support for the two influential groups on the continent has contributed to increased homophobic rhetoric for conservative family values through religious teachings and public policy. Open for Business, a coalition of leading global organizations that champion LGBTQ inclusion, revealed this trend in its latest report that surveyed the East African countries of Kenya, Uganda, Tanzania, and Rwanda.

“The anti-LGBTQ+ agenda driven by Christian groups in Kenya and Uganda has received significant funding and support from foreign anti-rights groups, particularly from U.S. far-right evangelical organizations,” the report states.

The two nations, along with Tanzania, have had heightened curtailing of queer rights in recent years through legislation and religious protests. Homosexuality remains criminalized in the three countries, with varied jail terms of not less than 10 years.

“There is much misinformation and disinformation being circulated in Kenya about LGBTQ+ issues — churches are behind much of this, and they leverage selective interpretations of religious teachings to stir up anti-rights sentiments,” the report reads.  

It adds religious groups have attained greater influence with their homophobic campaigns under President William Ruto, who is Kenya’s first evangelical Christian head of state.

The American far-right evangelical churches are part of the New York-based World Evangelical Alliance, whose global believers are considered “incredibly diverse and vibrant people of faith.”

“They are bound together by spiritual convictions that they consider ‘non-negotiable’ while acknowledging a wide variety of expressions in non-essential matters such as their style of worship,” the Rev. Leon Morris, the founder member and former chairman of Evangelical Alliance of Victoria, states on WEA’s website.  

The religious groups under the Kenya Christian Forum, in partnership with Linda Uhai Consortium (or Protect Life in Swahili) composed of pro-life organizations, late last month held their annual march in Nairobi, the country’s capital. Opposition to LGBTQ rights was among the agenda items.

Some anti-homosexuality placards that march participants held read, “Homosexuality is abnormal,” “Rainbow belongs to God,” “No to Western cultural imperialism, yes to family values,” and “In the beginning God made them; male and female.” The organizers also criticized the Kenyan courts over their recent rulings in favor of the queer community, such as allowing the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization.

The African Inter-Parliamentary Conference on Family Values and Sovereignty is a caucus of African MPs that American far-right evangelical organizations support to drive anti-LGBTQ policies in their countries.  

The group held its second conference in Entebbe, Uganda, last May. The definition of sex and sexuality and their impact on LGBTQ issues were among the topics that delegates from more than 20 countries discussed.

The three-day conference that Ugandan Parliament Speaker Anitah Among and Henk Jan Van Scothorst, director of the Christian Council International, sought to curb homosexuality. The delegates also resolved to have the African Caribbean Pacific and European Union Economic Partnership, also known as the Samoa agreement, reviewed for undermining the sovereignty of African governments over LGBTQ rights and related “human rights” issues.

The far-left government officials and queer lobby groups from the U.K. and other Western countries, meanwhile, are engaging with LGBTQ activists in Africa to counter American evangelical organizations’ anti-homosexuality campaigns.

British officials, led by Equalities Minister Nia Griffith, in February met with Sexual Minorities Uganda Executive Director Frank Mugisha and Erick Mundia, a senior policy advisor for Ipas Africa Alliance, a Kenya-based abortion rights advocacy group.

“As part of our Queering Atrocity Prevention program, which seeks to center LGBTQI+ rights and risks as part of atrocity prevention and wider peace and security, our team held a parliamentary roundtable exploring the implications of transnational far-right organizing for global LGBTQI+ rights and how the UK parliament can respond,” the statement reads.  

Klara Wertheim, head of global programs at Stonewall, and Farida Mostafa, queering atrocity prevention manager of Protection Approaches, were among the other representatives of queer rights organizations who participated in the roundtable with highlighted “the implications of transitional far-right activity for global LGBTQI+ rights.”

“Discussions with MPs, Lords, parliamentary staff and civil society representatives centered on tactics used by far-right actors to disrupt democratic rights-based systems,” reads the statement. “The impacts of these malign efforts on sexual and gender-based rights in the UK and abroad, and how parliamentary actors can contribute to stemming these trends in their parliamentary work.”  

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