Connect with us

Africa

Kenyan LGBTQ groups seek representation in government human rights body

New report documents lack of employment opportunities, limited access to financial system

Published

on

Kenya flag (Photo by rarrarorro/Bigstock)

Kenyan advocacy groups are demanding representation in the countryā€™s government-funded human rights body in order to champion their interests in a bid to end inequality and discrimination against them.  

The groups that advocate on behalf of lesbians, bisexuals, queer and gender non-conforming people in a report released in May note their exclusion from the Kenya National Commission on Human Rights representation has contributed to the elusive realization of equal rights that other citizens enjoy.

The report, dubbed “An Economic Justice Report for LBQGNC in Kenya,” details continued discrimination against LGBTQ Kenyans in employment opportunities, financial services and government social empowerment funding.

This situation is despite the country recording progressive womenā€™s economic inclusion, whose rate, according to Kenya’s Bureau of Statistics data, is 40 percent in urban areas and 22 percent in parts of the country. This figure is attributed to favorable laws and policies that allow equal and active participation of women in economic activities.  

The report notes discrimination against queer people in employment in both public and private sectors due to homophobia has forced most of them to become entrepreneurs, including models, with some benefiting from the government’s social empowerment funding.  

ā€œThe Kenyan government should ensure that a minimum of one commissioner is included in the makeup of the Kenya National Commission on Human Rights whose focus will be to represent all members of the LGBTQ+ community,ā€ the 52-page report reads.

The Kenya Human Rights Organization, which advocates for equal rights, regardless of one’s gender identity and sexual orientation, had made a similar demand to help address anti-LGBTQ discrimination. 

The push to have an LGBTQ representative comes at a time when intersex people in Kenya have a commissioner on the KNHCR who advocates for their rights following their recognition in law last year as the countryā€™s third sex. 

To address the problem of discrimination in employment, the report wants the government and other relevant players to establish an employment agency for the queer community to help form networks among LGBTQ-friendly businesses.

ā€œFinancial institutions could also support LBQGNC businesses by providing attractive interest rates for loans and reasonable repayment deadlines. This can be better achieved through partnerships with LGBTQ+ organizations to help identify businesses run by LBQGNC persons,ā€ the report reads.  

It urges banks and other financial institutions to set up departments or teams in charge of identifying and addressing LGBTQ Kenyans’ financial needs, reviewing provisions that limit their access to certain products and services. This includes limitations to opening joint accounts that are only open to heterosexual married couples, the decriminalization of consensual same-sex sexual relations and legal recognition of same-sex partners.

The report, whose data collection entailed desktop research and interviewing of LGBTQ people in Nairobi, the Kenyan capital, and cities that include Mombasa and Kisumu, notes continued discrimination based on sexual orientation and gender identity continues to have an impact in education: LGBTQ people face expulsion from school, bullying and stigma. 

The rejection and discrimination against LGBTQ people, according to the report, starts with the family, relatives and the community, where they are sometimes subjected to forced moral “conversion” to confirm to society.

ā€œFrom a human rights perspective, practices such as conversion ‘therapy’ ought to be denounced, with many countries having taken steps towards ensuring its eradication within their jurisdictions,ā€ the report reads. 

The so-called conversion therapy methods are varied and may include electro-shock therapy and forced administration of medication to induce drowsiness and lethargy, one of the survivors who also almost died said. 

ā€œThis is the sad reality faced by too many LBQGNC people in Kenya to this day, at the basis of which is the religious, cultural, and overall societal discrimination against the people in this community,ā€ reads the report. 

Kenyaā€™s Education Ministry in March established a Chaplains Committee comprising religious leaders from various denominations to provide counseling to students who identify as LGBTQ to stop its so-called infiltration in schools. The controversial Supreme Court ruling in February that allowed LGBTQ NGOs to register prompted this decision. 

The ruling, which has been appealed to the attorney general, sparked criticism from clerics and political leaders since Section 162 of the Penal Code criminalizes consensual same-sex acts with 14 years prison term.   

The LGBTQ rights groups want Kenya’s new curriculum, especially on social ethics and religious education, reviewed and to embrace sexual orientation and gender identity by recognizing LGBTQ people as normal and not “social outcasts.”

ā€œAdditionally, ensure that the school environment fosters respect for all people, human rights, and each childā€™s family values in an atmosphere of understanding, tolerance, and equality,ā€ the report states. 

The report asks the government to require all schools to have anti-bullying policies that protect LGBTQ persons and teachers undergo training on diversity and inclusion to promote gender equality. The groups also want the government to guarantee equal access to reproductive healthcare and HIV/AIDS information and treatment that recognizes and respects the needs of LGBTQ people. 

The report also seeks a policy paper to help health practitioners and medical students how to work with queer people. 

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Africa

Ugandan president meets with US ambassador

Unclear whether William Popp raised Anti-Homosexuality Act

Published

on

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

Editor’s note: This article has been updated.

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.

“We do not discuss the details of private diplomatic engagements; however, we have regularly raised with the highest levels of Ugandan government U.S. government concerns about democratic space, rule of law, and respect for human rights for all Ugandans, including members of the LGBTQI+ community in relation to the 2023 Anti-Homosexuality Act,” a State Department spokesperson told the Washington Blade on Wednesday.

Continue Reading

Africa

South African president signs new hate crimes, hate speech law

Advocates largely welcome new statute

Published

on

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. 

Continue Reading

Africa

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

Jamra Ong Islamique demands government expedite anti-LGBTQ law

Published

on

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.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular