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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

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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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 ā€” Mr. JM and the Center for Minority Rights and Strategic Litigation ā€” 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 petitionersā€™ 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 ā€œAnti-LGBTQ Movementā€ that organized protests, to file their witness lists and counter statements within 14 days of the July hearing. 

ā€œPending 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,ā€ Sewe stated. 

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

The courtā€™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.  

ā€œMvita 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.ā€

CMRSL in response to Oseweā€™s ruling said it was a ā€œmajor win for safety and equality in Kenyaā€ because it allows the LGBTQ people to live with ā€œgreater peace of mind.ā€Ā 

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

ā€œThere is some reprieve given the security incidents we witnessed during the protests on Sept. 15 last year,ā€ INEND Communications Officer Melody Njuki told the Washington Blade.

ā€œWe 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,ā€ she added. 

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

ā€œWe welcome the ruling and we believe it will impact our members who for some time felt robbed of the freedom to express themselves,ā€ 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 ā€œa positive step showing the courtsā€™ commitment to upholding human rights for all.ā€

“Anti-LGBTQ Movement” Chair Salim Karama, however, declined to respond to the Bladeā€™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 communityā€™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 Wetangā€™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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For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was ā€œMamba,ā€ they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

ā€œIā€™ll never forget that day,ā€ Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. ā€œI still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.ā€Ā 

Biodunā€™s experience isnā€™t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

ā€œSometimes, I often wonder how they learned about these platforms,ā€ Daniel, which is not his real name, told the Blade. ā€œYou would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.ā€Ā 

One time, someoneā€™s bio read, ā€œI’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)ā€ It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

ā€œBefore the removal of the screenshot option, I usually shared photos of others with my trusted friends,ā€ Biodun shared. ā€œBut since that was taken off, there was no way for me to do that.ā€ 

Although, according to Grindrā€™s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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