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Congolese rebel group displaces transgender people

Refugee camp residents consider trans women sorcerers

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Displaced transgender people in Congo's North Kivu province. (Photo courtesy of Rainbow Sunrise Mapambazuko)

M23 rebels in Congo’s North Kivu province have displaced a number of transgender people and left them even more vulnerable to persecution.

M23 rebels last November approached Goma, the province’s capital city, and forced around 180,000 people to leave their homes. Jérémie Safari, coordinator of Rainbow Sunrise Mapambazuko, a Congolese LGBTQ and intersex rights group, told the Washington Blade that residents of the Kibumba camp where displaced people have settled have refused to assist trans people and have accused them of being sorcerers.

“Trans people went (through) war like everyone else,” said Safari. “In the Kibumba camp where the displaced have settled, the local community there has refused trans people access, accusing them of being sorcerers, bad luck charms and of being the origin of the war following their evil practice.” 

Safari said other displaced people who did not want trans women in the camp have attacked them. Safari said these trans women currently sleep in the street in Kibumba without food.

Safari, in addition, said the government has done little to help these displaced trans people, even though consensual same-sex sexual relations are not criminalized in the country.

“The displaced people received help but not the trans people since they do not live in the camp and also the government is still extremely hostile towards LGBTIQA+ organizations in the DRC (Democratic Republic of the Congo). No LGBTQA+ organization can be legally recognized by the Congolese State,” said Safari.

Safari said Rainbow Sunrise Mapambazuko currently needs funds to provide housing, food and medicine to the displaced trans people.

“If we could have $7,000 (U.S. dollars) firstly for their survival, since we are afraid of their life and their health which is in danger, that would be of immense help,” said Safari.

The M23 since last May has demonstrated increased firepower and defensive capabilities that have enabled the group to overrun U.N.-backed Congolese troops and hold territory. 

The U.N. says the fighting between Congolese troops and M23 rebels has forced nearly 200,000 people to flee their homes. 

Human Rights Watch has called upon the U.N., the African Union and governments to publicly denounce M23 abuses found to have been committed by other combatants, maintaining sanctions against senior M23 commanders and expanding them to those newly found responsible for serious abuses and senior officials from across the region complicit in them. Human Rights Watch also said any political settlement should not include amnesty for those responsible for human rights abuses and prevent responsible M23 commanders to integrate into the Congolese armed forces. 

“The government’s failure to hold M23 commanders accountable for war crimes committed years ago is enabling them and their new recruits to commit abuses today. Civilians in eastern Congo should not have to endure new atrocities by the M23,” said Thomas Fessy, a senior DRC researcher at Human Rights Watch.

M23 sprung from elements within the Congolese army in 2012. 

The rebel group claims it is defending the rights of Congolese Tutsi and originally comprised of soldiers who participated in a mutiny from the Congolese army in April-May 2012. They claimed their mutiny was to protest the Congolese government’s failure to fully implement the March 23, 2009, peace agreement — M23 derives from this date — that had integrated them into the Congolese army.

The Congolese army and the U.N. Force Intervention Brigade defeated M23 in November 2013, and its members fled to Rwanda and Uganda. The group re-emerged in November 2021.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Africa

Lesbian South African MP named to country’s new Cabinet

Steve Letsike won a seat in the National Assembly on May 29

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Steve Letsike (Photo courtesy of Steve Letsike)

South African President Cyril Ramaphosa on Sunday appointed lesbian MP Steve Letsike to his Cabinet.

Letsike, founder of Access Chapter 2, a South African advocacy group who is a member of the African National Congress that Ramaphosa leads, will be the country’s deputy minister of women, youth, and people with disabilities.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the country’s first post-apartheid elections. Ramaphosa on Sunday announced Letsike and other new Cabinet members after the ANC and nine other parties agreed to form a National Unity Government.

The Washington Blade has reached out to Letsike for comment.

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Congolese justice minister orders prosecutor general to arrest LGBTQ allies

Constant Mutamba issued directive on June 15, implementation unclear

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Congolese Justice Minister Constant Mutamba (Photo courtesy of Mutamba's X account)

Congolese Justice Minister Constant Mutamba has instructed his country’s prosecutor general to arrest LGBTQ allies.

The newly appointed justice minister in a June 15 communique said the prosecutor general should initiate legal proceedings against people who advocate for the LGBTQ community in Congo.

Although same-sex marriages are constitutionally prohibited, there is currently no law that criminalizes consensual same-sex sexual relations. The communique has raised a lot of eyebrows from social and LGBTQ activists who are asking on what grounds Mutamba issued the communique.

“He could have started by initiating a bill in this direction, but in the current Congolese legislation he is missing the point,” said Jean Claude Katende, a Congolese human rights activist who is the president of the African Association of Human Rights. “If he wants to repress homosexuals, he must initiate a law which must make this behavior an offense and have it punished. He will be arrested for complicity in arbitrary arrests. The constitution is clear, no one can be prosecuted for an act which does not constitute an offense.” 

Khelver Hermano, a Congolese social commentator, said the law should not be interpreted based on one person’s emotions. 

“LGBT marriage is already not applied in the DRC but the minister wants to incarcerate those who do it informally without a legal basis,” said Hermano. “The law is not interpreted according to our will.” 

“Does the penal code in the DRC recognize polygamy? Why don’t we arrest all these known polygamists?” asked Hermano. “Just as polygamists are not prosecuted, we cannot do so against LGBT people.” 

Many Congolese people, however, have welcomed the communique, arguing same-sex relations are un-African and unorthodox.

Article 172 of the country’s penal code states a person “who commits a moral crime by exciting, facilitating or promoting to satisfy the passions of others, debauchery or the corruption of persons of either sex under or apparently under the age of 21 years shall be punishable by a prison term of three months to five years or a fine.” Article 176 says a person “who engages in activities against public decency shall be punishable by a prison term of eight days to three years and/or a fine.”

Although not entirely applicable, the prosecutor general can use these two penal code articles to initiate the arrests — the country in recent years has seen some arrests of LGBTQ people.

The June 15 communique is not the first time Mutamba has come out against the LGBTQ community. 

Mutamba earlier this year introduced a bill that would criminalize acts of homosexuality. The proposal received widespread support, particularly on social media where many Congolese people described it as a turning point for the country and for the continent at large.

Although parliament has not formally debated the bill, activists are concerned it will pass without many major objections because most MPs have previously said they do not support the LGBTQ community. It remains unclear how the prosecutor general will executive Mutamba’s communique.

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Prominent South African activist elected to country’s parliament

Steve Letsike founded Access Chapter 2

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Steve Letsike (Photo courtesy of Steve Letsike)

A prominent South African LGBTQ activist has won a seat in the country’s parliament.

Steve Letsike, a lesbian woman who founded Access Chapter 2, a South African advocacy group, is a member of the African National Congress. She is also part of the ANC’s National Executive Committee that determines the party’s direction.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the country’s first post-apartheid elections. MPs earlier this month re-elected President Cyril Ramaphosa after the ANC invited the Democratic Alliance and other parties to form a Government of National Unity.

Letsike in a statement to the Washington Blade described her election as “a milestone for the people of South Africa, and also affirmative of our party’s posture that is inclusive and intention to transformation agenda.”

“I am not in parliament for myself but the people that trusted the ANC to send individuals that will put people first,” said Letsike. “In that cohort that includes the LGBTI people like myself. Rooted in the teaching of a just society, that seeks equality and believes in the rule of law. That demand on developmental agenda from a queer lens and clear priorities of the people is important.” 

“I am delighted by this task, trust and hope for our people,” she added.

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