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Congolese government cautions media not to promote LGBTQ-specific content

Announcement comes after Pride flag gift bags distributed in Lumbumbashi

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The government of the Democratic Republic of the Congo has cautioned the country's media not to promote LGBTQ-specific content after conference organizers in the city of Lumbumbashi distributed Pride month-colored bags. (Photo via Twitter)

The Superior Council for Audiovisual and Communication, Media Regulatory Authority in the Democratic Republic of the Congo has cautioned the media to desist from what it describes as the promotion of LGBTQ and intersex content.

According to CSAC RDC, any media outlet or member of the media that promotes LGBTQ and intersex content will beĀ subjectĀ ofĀ heavy penalties.

ā€œAll media that serve as a stepping stone to the shameful campaign of homosexuality and lesbianism exposes themselves to heavy penalties,ā€ said the CSAC RDC.

The media regulatory body’s statement comes after last Wednesdayā€™s distribution of gift bags in the colors of the Pride flag after DRC Mining Week in Lubumbashi ended. Some local residents participated in sporadic protests that demanded the removal of the gift bags, saying they were promoting homosexuality.

The protesters said some companies that participated in DRC Mining Week used it as a catalyst to promote LGBTQ and intersex rights. They also said it violated their religious and cultural beliefs.

Some LGBTQ and intersex rights activists have criticized the protesters, noting they were channelling their anger in the wrong way.

ā€œThis level of bewilderment is seriously all the same. No supporting text is cited since it does not exist that outlaws those that identify as LGBTQ so how does the CSAC become the legislator? Why do we refuse to turn on our brains? No wonder we are the laughingstock of the world. Immorality reigns over the Congo, cheating, lying, embezzlement, we embrace this immortality every day,” said Blaise Migabo, a legal advocate. “It must be said that the CSAC misleads public opinion and ridicules the nation. This press release, which has no legal value, should be withdrawn.ā€

Sirius Tekasala, another activist, said people should not be concerned about other peopleā€™s sexual orientation.

ā€œI have not seen anywhere where homosexuals have imposed anything on anyone,” said Tekasala. “The fact of distributing bags with LGBT colors becomes an imposition how?”

“We have a real problem of homophobia in this country,” added Tekasala. “I don’t understand how someone else’s sexuality can actually bother another person. How many people can disagree so violently with a sexuality that does not concern them? They are no different from racists in fact, the constitution of the DRC is neutral on the issue of homosexuality. Nowhere does it say we are only a heterosexual country.ā€

Consensual same-sex sexual relations are legal in the country, and have never been explicitly criminalized. The age of consent for heterosexual and same-sex couples is the same, but Article 40 of the Congolese Constitution does not recognize same-sex marriage.

LGBTQ and intersex people are often not open about their sexual orientation for fear of being ostracized by society. Those who are out often face hostility, widespread discrimination, rejection, social exclusion and harassment.Ā 

According to the Sexual Rights Initiative and Si Jeunesse Savait, the countryā€™s security services ā€” the police, army and intelligence apparatus ā€” frequently violate the rights of the most visible LGBTQ and intersex people. 

The DRC since 2010 has seen several attempts to criminalize same-sex relations. 

These attempts claimed to cover gaps that existed in criminal law. They also contained provisions on the prohibition of organizations promoting the rights of LGBTQ and intersex people, but Congolese lawmakers have yet to pass any of these bills.

Nevertheless, in Lubumbashi, as in some other major Congolese cities, it is no longer rare to see those that identify as LGBTQ or intersex. Nightclubs and bars are often the venues where they can meet and be seen. 

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Africa

Ugandan president meets with US ambassador

Unclear whether William Popp raised Anti-Homosexuality Act

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Ugandan President Yoweri Museveni meets with U.S. Ambassador to Uganda William Popp on May 10, 2024. (Photo courtesy of Museveni's X account)

Ugandan President Yoweri Museveni on May 10 met with U.S. Ambassador to Uganda William Popp.

Museveni in a post to his X account described the meeting, which took place at his official residence in Entebbe, as “productive.”

“We discussed key issues, such as the upcoming Census, regional peace, and socio-economic development. I emphasized the need for an inclusive census for informed decision-making,” said Museveni. “I also shared my views on fostering peace and security in the region. Additionally, we discussed opportunities in transitioning our population from a rural-based pre-capitalist society to industry and services.”

statement the Ugandan Foreign Affairs Ministry released noted Popp “conveyed his appreciation for the president’s valuable time and wise counsel.” 

“He also acknowledged President Museveniā€™s extensive knowledge and experience, underscoring the importance of their continued dialogue in fostering a strong and mutually beneficial relationship between the United States and Uganda,” said the statement.

The statement further notes Foreign Affairs Minister Jele Odongo; Defense and Veterans Affairs Minister Jacob Oboth-Oboth; Rosette Byengoma of the Defense Ministry; and Lt. Gen. Samuel Okiding, who is deputy chief of the Ugandan defense forces, attended the meeting.

The meeting took place nearly a year after Museveni signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. has sanctioned Ugandan officials and removed the country from a duty-free trade program. The World Bank Group also suspended new loans to Uganda in response to the Anti-Homosexuality Act.

The Ugandan Constitutional Court last month refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists have appealed the ruling.

It is not clear whether Popp raised the Anti-Homosexuality Act with Museveni during their meeting.

The State Department referred the Washington Blade to the U.S. Embassy in Kampala, the Ugandan capital, for comment. The embassy did not respond to a request for comment.

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South African president signs new hate crimes, hate speech law

Advocates largely welcome new statute

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South African President Cyril Ramaphosa during a campaign stop speaking with attendees at the ANC Party Rally on May 10, 2024 in Tshwane, South Africa (Photo courtesy of Ramaphosa's Facebook page)

South African LGBTQ organizations have welcomed a new law that seeks to combat hate crimes and hate speech.

President Cyril Ramaphosa on May 9 signed the Preventing and Combating of Hate Crimes and Hate Speech Bill that had been introduced in 2018.

According to the new law; the direct or indirect unfair discrimination against anyone on the grounds of age, albinism, culture, disability, ethnic or social origin, gender, HIV status, language, nationality, migrant, refugee status, asylum seekers, occupation, trade, political affiliation, conviction, race, religion, sex, sexual orientation, gender identity or expression, sex characteristics or skin color is a criminal offense punishable by a fine or up to eight years in prison.

ā€œA hate crime is committed if a person commits any recognized offense under any law that is motivated by prejudice or intolerance based on one or more characteristics or perceived characteristics of the victim, as listed in the legislation or a family member of the victim,” said the president’s office. “The law also makes it an offense when speech material is intentionally distributed or made available in electronic communication, and the said person knows that such electronic communication constitutes hate speech.ā€

CrimenĀ injuria, theĀ unlawful and intentional impairing of dignity or privacy of another person under common law, was in place before the new law. Crimen injuria, which to extent protected some forms of hate againstĀ the LGBTQ community, is still active.

The Preventing and Combating of Hate Crimes and Hate Speech Bill, however, is more comprehensive in the sense that it particularly focuses on hate speech and hate crimes, and therefore makes it easier to seek legal recourse than under crimen injuria.

ā€œAs Out, we commend President Cyril Ramaphosa on the move that he has made in making sure that the rights of LGBTQ+ persons are protected. We, as Out, also hope that other African countries can learn from this historic milestone that all people are equal and that their rights should be protected,” said Out LGBT South Rights Human Rights Coordinator Sibonelo Ncanana. 

Ncanana specifically applauded Deputy Justice and Constitutional Development Minister John Jeffrey and the working group that helped secure the bill’s passage.

“We hope that all government departments will enforce the mandate of the act,” said Ncanana. “We also hope that it will help in decreasing the amount of hate crimes that are happening in South Africa, create safer communities, and that LGBTQ+ people will find themselves safe.”

Ruth Maseko of Umndeni LGBTI Group and the Triangle Project said the new law creates a precedent of what constitutes hate crime and the repercussions.

ā€œWe are delighted at the passing of the bill after so many years, as it creates a legal definition of hate crimes,” said Maseko. “This now puts in place mechanisms for authorities to collect and report details about these incidents of hate for the effective monitoring, analysis of trends, and appropriate interventions that are needed.”

Maseko added that although the new law will aid in giving the courts a framework to work in when handling cases of hate, it will not really deter people from committing those crimes.

ā€œThe new law will provide quantitative and qualitative data as currently we have no way of telling how many of these crimes are committed. The only way we know, is when they are reported to a civil society organization or are reported in the media,” said Maseko.

“Although it will do nothing to change the attitudes of people who act out in these ways, the law does send out a message that hate crimes will not be tolerated in South Africa and will provide additional tools to investigators and prosecutors to hold perpetrators accountable for their actions,ā€ added Maseko.

The law, however, does not consider actions undertaken in good faith as part of hate speech. They include artistic creativity, performance or other form of expression, academic or scientific inquiry fair, and accurate reporting or commentary in the public interest.Ā 

It also excludes interpretation and articulating or espousing of any religious conviction, tenet, belief, teaching, doctrine or writing that does not advocate hatred or constitutes incitement to cause harm. The law also contains directives on training and other measures to be undertaken by the South African Police Service and the National Prosecuting Authority to ensure effective processing of the newly defined crimes. 

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Senegalese NGO claims new president discussed LGBTQ rights with top EU official

Jamra Ong Islamique demands government expedite anti-LGBTQ law

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Senegalese President Bassirou Diomaye Faye (Screen capture via Reuters/YouTube)

A Senegalese NGO has called on the government to expedite the process of enacting an anti-LGBTQ law after the country’s new president met with a top EU official.

Jamra Ong Islamique made the call during a press conference last Wednesday after newly elected Senegalese President Bassirou Diomaye Faye met with European Council President Charles Michel.

Mamae Makhtar Gueye of Jamra Ong Islamique claimed the meeting between the two dignitaries involved an acknowledgment of LGBTQ rights in Senegal. Gueye said Michel is an LGBTQ ally who wants to change Senegal’s cultural customs that do not condone LGBTQ rights.

“His ardent proselytism for the expansion of LGBT ideology could not leave Jamra indifferent,” said Gueye. “Countries including Gabon, Central African Republic, and Mauritius, amongst others, that underestimated the nuisance of these propagandists of homosexuality paid dearly for it because these global lobbyists ended up legalizing this abomination, so beware.”Ā 

Gueye, however, has received a lot of backlash and has been accused of not raising the same sentiments during the tenure of former President Macky Sall, who also met with Michel.

“Did he come as a defender of the LGBT cause or as a European official? Did he come to talk about LGBT rights or partnership agreement between the European Union and Senegal?,” asked Ahmadou Diaw, a Senegalese academic. “Mr. Gueye should know when to alert and when to shut up.”

Cheikh MaĆÆ Niang, a social commentator, described Jamra as a “useless organization” that is focused on restricting the freedom of the Senegalese people.

“They are absolutely good for nothing apart from eating the taxpayer’s money,” said Niang. “Where is the democracy we cry about everyday? Seems like they are here to restrict the freedom of the Senegalese people.”

“Not everyone is interested in religion,” added Niang. “We wasted too much time with these useless things. Let’s talk about developing the country. People should live their lives in the manner they want.”

Jamra has previously made proclamations against the LGBTQ community.

The organization in February ā€” before Senegal’s presidential election that took place on March 24 ā€” accused the EU Electoral Observation Mission to Senegal of wanting to indoctrinate Senegalese people with their pro-LGBTQ narrative.

Senegal does not have a law that specifically criminalizes those who identify as LGBTQ or advocate for them. Article 319 of the country’s penal code criminalizes consensual same-sex sexual relations with a fine and between one and five years in prison.

Some Senegalese lawmakers have sought to increase the prison sentence to 10 years for anyone convicted of engaging in homosexuality. These efforts thus far have not been successful.

Samm Jikko Yi (Together for the Safeguarding of Values), an Islamic lobby group that includes many organizations, in 2022 organized an anti-LGBTQ demonstration in Dakar, the country’s capital. Protesters called for harsher penalties for Senegalese who identify as LGBTQ and/or advocate for LGBTQ rights.

The Washington Blade in 2022 noted LGBTQ people have suffered physical and sexual abuse while in prison.

Senegal’s deep religious roots, which are largely Islamic, have contributed to the lack of tolerance of LGBTQ people in the country. This reality has prompted LGBTQ Senegalese to either flee the country or remain in the closet.

Media reports indicate there are fewer bars, clubs and other places where LGBTQ people can freely socialize.

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