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Africa

Kenyan anti-homosexuality bill would expel LGBTQ refugees

Kakuma and Dadaab refugee camps are located in the country

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Kenya flag (Photo by rarrarorro/Bigstock)

Refugees and asylum seekers who identify as LGBTQ would be expelled from Kenya under a proposed anti-homosexuality law.

The Family Protection Bill, 2023, that would criminalize homosexuality with a life sentence, is currently under consideration by a parliamentary committee. 

The measure, which opposition MP Peter Kaluma has sponsored, proposes changes to Kenya’s Penal Code that prohibits consensual same-sex relations with a 14-year prison term. The lawmaker notes that homosexuality, same-sex marriages and other so-called unnatural sexual acts go against “public morality” that threaten the family unit under Article 45 of Kenya’s constitution, which recognizes marriage as between people of the opposite sex.

“The bill contains miscellaneous provisions that allow the expulsion of refugees and asylum seekers who breach the law, contains provisions for psychotherapy and rehabilitation of offenders and consequential amendments to other acts of Parliament,” the proposed law reads. 

Kenya hosts more than half a million refugees in its Kakuma and Dadaab camps from neighboring nations: Burundi, Somalia, South Sudan, Ethiopia, Uganda and the Democratic Republic of Congo that face long-standing conflicts and insecurity.

Kenya is also the only East African nation that has been accepting LGBTQ refugees and asylum seekers without questioning the individuals’ sexual orientation. This is despite rampant cases of homophobia in the country and some LGBTQ refugees complaining about discrimination, violent attacks and destruction of their property by other refugees and residents.      

Several LGBTQ human rights groups, including the Organization for Refuge, Asylum and Migration, have released a report on violations the LGBTQ people face in Kakuma, which is one of the world’s largest refugee camps.

The U.N. Refugee Agency in Kenya in March 2021 issued a statement in response to homophobic attacks on LGBTQ refugees in Kenyan camps by assuring its commitment to their safety.  

The move to curb homosexuality in Kenya through the new law comes barely three months after more than 300 LGBTQ refugees at Kakuma camp launched an online signature collection initiative to petition the authorities to stop discrimination, torture and mistreatment.  

In the petition, the group decries rampant incidents of brutal attacks in the camp that have left them with “deep wounds and scars” that often result in disability and death for some victims.  

“As refugees who have sought safety and refuge from conflict and persecution, we should not have to endure further suffering and discrimination within the confines of the camp. Yet, this is the reality for many of us,” reads the petition. 

The group also laments police brutality and mistreatment, even though they are supposed to protect them like other refugees regardless of their sexual orientation.   

“This has led to a climate of fear and insecurity within the camp, where we are unable to live freely and openly as members of the LGBTIQ+ community. We are tired of living in fear and we demand an end to these injustices,” it reads. 

The proposed Family Protection Bill, 2023, has sparked mixed reactions from Kenyans, with some supporting it and others opposing it for infringing and undermining other people’s rights. 

“A very human plea to a Kenyan MP who’s pushing an agenda of hate against a section of Kenyans. I live for the day we’ll see all humans as persons deserving to be treated with dignity and love, and not be victimized for who they are, how they live, and who they love,” Lukoye Atwoli, a celebrated Kenyan scientist and dean, said

He argued that it is not his or anyone’s duty to police consenting adults in a consensual same-sex relationship. The MP who sponsored the Family Protection Bill, 2023, however, holds that whatever consenting adults in same-sex relationships do in private affects the entire society. 

“Same-sex sexual acts and unions are sterile by nature,” Kaluma said. “If tolerated or supported and propagated, would lead to the extinction of the human race.” 

The legislator joined other anti-LGBTQ African MPs in Kampala, Uganda, early this month to champion so-called family values. They demanded fresh scrutiny and repeal of international laws used by individuals and organizations that push the “anti-African cultural agenda.”  

The proposed Kenyan law seeks to limit several constitutional rights and freedoms in restricting LGBTQ practices and associated activities in the country.

It would impose a jail term of not less than five years on people found guilty of assembling, picketing, promoting, or supporting LGBTQ-specific activities. The bill also seeks to limit the right to information by restricting the media from publishing or broadcasting LGBTQ-specific content and would ban the recognition or registration of any LGBTQ group or organization in Kenya.

This provision is in response to the Kenyan Supreme Court’s controversial ruling in February that allowed the National Gay and Lesbian Human Rights Commission to register a non-governmental organization.

The ruling attracted criticism from religious leaders and government officials including President William Ruto, who has instructed the attorney general to challenge the court’s decision for violating the country’s laws and morality.    

With the Family Protection Bill, 2023, the country now joins Uganda whose MPs in March passed a bill that would criminalize anyone who identifies as LGBTQ with life imprisonment amid international criticism. President Yoweri Museveni has returned it to Parliament for further consideration before he signs it.  

Embattled U.S. Rep. George Santos (R-N.Y.) last month introduced a bill that would ban U.S. foreign aid to countries that criminalize LGBTQ people.      

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South Africa

White House to end PEPFAR funding for South Africa

State Department says country failed to respond to 2025 executive order demands

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(Photo by Rarraroro via Bigstock)

The Trump-Vance administration will end PEPFAR funding for South Africa.

A State Department spokesperson on Wednesday told the Washington Blade the State Department “will begin a phased drawdown of PEPFAR programming in South Africa, with most programs ending by Sept. 30, 2026, and critical personnel support continuing through March 31, 2027.”

Semafor last week reported South Africa has received more than $8 billion in PEPFAR funding since President George W. Bush created the program to combat the global HIV/AIDS pandemic in 2003.

President Donald Trump on Feb. 7, 2025, issued an executive order that addressed what it described as “egregious actions of the Republic of South Africa.” The State Department spokesperson with whom the Blade spoke noted the directive included five specific requests:

• South African government provides exemptions or alternatives for U.S. companies to Broad-Based Black Economic Empowerment laws and other race-based mandates. 

• Senior government officials (e.g., president, deputy president, or minister of justice) unequivocally condemn all race-based incitement to violence, including the “Kill the Boer” song, more frequently. 

• The South African government prevents the implementation of measures that would allow expropriation without fair compensation and due process under the Expropriation Act of 2024. 

• South African Police Service designates rural crime a “priority crime” and increases resources dedicated to high-crime rural areas. 

• South Africa refrains from actions that would significantly interfere with the implementation of the refugee program, within the confines of South African law. 

“The United States communicated to the government of the Republic of South Africa multiple times at many levels that PEPFAR funding was likely to be terminated in the absence of progress on the five asks,” said the State Department spokesperson.

The State Department spokesperson further noted South Africa is “one of the largest economies in sub-Saharan Africa” and “has funded the vast majority of its own HIV response, estimated at 76 percent of the total, including procurement of all treatment commodities.”

“South Africa will continue to be supported by the Global Fund, including for the introduction and scale up of lenacapavir through Global Fund Resources,” the spokesperson told the Blade.

Lenacapavir is groundbreaking HIV prevention drug that users inject twice a year. Eswatini, which borders South Africa, is among the African countries that have received doses of the drug through PEPFAR.

HIV/AIDS service organizations in the U.S. and around the world have sharply criticized the Trump-Vance administration over plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding.

Secretary of State Marco Rubio shortly after the current White House took office issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

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Africa

African leaders once again trade African family values for American family values

Anti-LGBTQ conference backed by US-based groups took place this month in Ghana

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(Photo by NASA)

At the moment, some religious and political leaders in Africa are pushing for a charter on family values, lobbying lawmakers, African state institutions, and the African Union to formally adopt it. In the past number of years, they have been holding conferences across Africa with the support and funding of Western religious donors who, in their own countries, are definitely perceived as racist, hateful, and against women. Most recently, they convened the African Regional Interparliamentary Conference on Family Values and Sovereignty in Accra, Ghana. All this raises critical questions about foreign influence and agendas. At this critical time, when Africa faces so many problems, why do people insist on pushing an agenda that is neither ours nor relevant to our prosperity?

The African leaders who claim to protect African family values and sovereignty, unsurprisingly, exhibit traits similar to those of the historical enslavers and similar collaborators. Contrary to what they claim as “pushing back against foreign influence on the African family” and the infamous sovereignty claims, it has been proven that these leaders are directly linked and backed by the conservative “foreign” groups, including the U.S.-based hate organization, Family Watch International, which is closely linked to the anti-rights authors of Trump’s Project 2025, Heritage Foundation; and the Netherlands-based Christian nationalist organization, Christian Council International, another group closely linked to organizations supporting the Trump administration and its continued hate-based policies and atrocities. One might even argue that they serve these groups, their mandates, and their Western agenda, instead of what they want African people to believe: that they are doing this for the good and prosperity of Africa and its sovereignty. The truth, however, is that their so-called African values, culture, traditions, etcetera, could not be further removed from true African cultural values but instead mimic those outlined in America’s Project 2025. Meanwhile, the very same people who are pushing for these family values under Project 2025 are the very same people pushing for the exploitation of Africa’s natural resources, without any care for the impact their actions have on African people and their livelihoods. Adopting their policies verbatim in Africa and claiming them as our own could easily be seen as counterintuitive and self-betrayal.

Africa’s rich history of family, diversity, womanhood, and matriarchy is too beautiful to erase. Africans, especially women and girls, deserve to know about the likes of Queen Modjadji of the Balobedu people, a fierce leader who is traditionally believed to have rainmaking abilities and notably a distinctively matriarchal dynasty where the reign is passed down from woman to woman, from mother to daughter; or Queen Nzinga of modern-day Angola, who led an army that resisted and fought against the Portuguese colonizers. Queer folks and African spiritualists alike deserve to know how women and gender diverse persons held some of the highest spiritual positions in society, like Mbuya Nehanda of Zimbabwe, who was a deeply respected spirit medium and a leader of the resistance against early colonial rule in Zimbabwe, and the transgender priests, the respected agule and okule, female-to-male and male-to-female shamans of the Lugbara, now the Democratic Republic of Congo and Uganda, who led spiritual ceremonies. Even though the mudoko dako of the Langi people in Uganda were known to have been assigned male at birth, they were recognized as a distinct gender that was allowed to marry men. Africans must also know about woman-to-woman marriages that existed in pre-colonial Africa, which, according to research and oral histories, were recognised and served various purposes, from economic and social functions to lineage preservation. Similar practices include those from the Bapedi and Balobedu cultures, ngwetsi ya lapa, which still exists today, where a woman is married into a family or household to raise an heir for the family or to continue the family name, not necessarily the lineage. 

As well-intentioned as it may appear, evidence suggests that the African leaders’ draft charter, because of its existing ties to Western ultraconservative partnerships, is neither original nor in good faith. The pace at which they have been moving and their true subsequent agenda should indisputably be questioned and criticised. Regardless of the inclusion of desirable language and terms such as minerals sovereignty and the Ubuntu philosophy, beneath the surface, the charter does not truly reflect these concepts. The charter, instead, does a disservice to African people by misrepresenting Africa’s diversity and disregarding its history as it relates to the diversity of families. The West has no business drafting or helping draft African legislation, especially if the whole of Africa is at risk of their negative impact. One would think the common goal would be to address bread-and-butter issues, such as poverty, unemployment, diseases, and health, to name but a few, instead of pushing the distractive agenda of those responsible for robbing Africa in the first place. No single group is the sole custodian of African knowledge. Africa belongs to all of us, with our diverse families and values, which cannot be defined through a single, narrow lens and are instead very individual issues that will differ from family to family. 

Daniel Digashu is a consultant at the Southern Africa Litigation Center (SALC). SALC promotes and advances human rights and the rule of law in Southern Africa, primarily through strategic litigation and capacity-strengthening support to lawyers and grassroots organizations.

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Niger

Niger recriminalizes homosexuality

Country’s military junta announced new penal code took effect June 12

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(Photo by butenkow/Bigstock)

Niger is the latest African country to recriminalize consensual same-sex sexual relations.

The Associated Press on June 12 reported the country’s military junta announced a new penal code under which anyone who “commits or attempts to commit an immodest or unnatural act or practices lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA+) acts” will face between five and 10 years in prison and a fine.

“This same penalty is applicable to persons who officiated the marriage, to the witnesses of the alleged spouses, as well as to persons who have given their consent for the celebration of the marriage and to the organizers,” reads the new code that took effect on June 11.

Niger borders Nigeria, Benin, Burkina Faso, Mali, Algeria, Libya, and Chad.

The AP notes homosexuality had not been criminalized in Niger. Anti-LGBTQ stigma, however, was widespread.

Lawmakers in Burkina Faso last September recriminalized homosexuality in the country. Senegalese President Bassirou Diomaye Faye on March 31 signed into law a bill that increased the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years.

Ghanaian lawmakers late last month approved a bill that would, among other things, criminalize LGBTQ allyship.

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