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Pope Francis criminalization comments spark debate among South Sudan human rights activists

Pontiff reiterated call to decriminalize homosexuality after he left African country

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Pope Francis (Photo by palinchak via Bigstock)

Human rights activists in South Sudan have a mixed reaction over Pope Francis’ comments against criminalization laws that he made after he left their country.

ā€œThe criminalization of homosexuality is a problem that cannot be ignored. Criminalizing people with homosexual tendencies is an injustice,ā€ said Francis on Feb. 5 during a press conference on board his plane after it left South Sudan.

Human rights activist Faisal Fei said “it should loudly be pointed out to the pope that his unsolicited opinion, guidance and whatsoever is grossly misplaced and abominable.” 

“All people of scriptures, save for the condemned nation of Sodom and Gomorrah, wantonly abhorred same sex relations. Before human civilization began or renaissance for that matter, the people of South Sudan did not only condemn same sex relations, strict measures penalizing the act were in place. The abomination of homosexuality was self-condemning and no human memory recorded or recalls the existence of such practices in both present and distant history,” said Fei. “The people of South Sudan, just like their departed ancestors, heavily detest same sex relations and have properly penalized it and the brazenly disgraced pope or his wrong sympathizers have no say in this. Should theĀ ‘Junubins’Ā (South Sudanese people) ever resolve that the pope is not welcomed in South Sudan, truly, the oceans will not dry and that would be the law of the land. The pope has his right place in the church and not government. His response is an indication of lack of focus and purpose in his ministry and needs divine guidance. Conclusively, the pope’s statements, are like a bar attendantā€™s remarks, they have no effect. The people of this country will penalize same sex relations and God’s sun will rise for us in the east and set in the immoral West.ā€Ā 

Fei also said the majority of South Sudanese abhor same-sex relations due to their traditional and religious beliefs.

ā€œThe general perception about same sex relations is spite, hate and abomination. The people rightly believe and already want to strengthen their apathy against homosexuals and their proponents,” said Fei. “Right from prehistory, same sex relations never existed here. I see an extreme stance against same sex relations in this country and it will be good for us all. Properly, the people of South Sudan will design earthly hell for the 2SLGBTQIA+ community.ā€ 

Isoke Kennedy Baguma, an East African human rights activist, said Francis’ comments opened the door for LGBTQ and intersex people in South Sudan.Ā 

ā€œThe popeā€™s visit to South Sudan was like the awakening of a dormant volcano,” said Baguma. “While the pope has no power to influence legislation in South Sudan, power and authority remains in the hands of the president of South Sudan who may sympathize with the decriminalization of same sex relationship. Hope should not be lost and forgotten, advocacy voices should continue to protect 2SLGBTQIA+ persons.”

Baguma said the situation for LGBTQ and intersex people in South Sudan remains dire, but added it is no different than in other countries throughout the region. (South Sudan is among the dozens of African countries in which homosexuality remains criminalized.) 

ā€œThe current administration may not legalize same sex relations anytime soon because the regional laws and policies both internal and foreign especially in East Africa havenā€™t worked in favor of same sex relations,” said Baguma. “The East African region remains a strong proponent of heterosexual relations and having tough penal laws against same sex relations.”

Baguma stressed “traditional customary laws and customs remain a threat to the recognition of same sex relations in East Africa” and “people in villages look at homosexuality as a foreign concept and repugnant to the locals.” 

“The question of the day remains, are 2SLGBTQIA+ persons human beings, do they deserve to be protected by the laws of the land and should they have a country of their own,” said Baguma. “2SLGBTQIA+ people are also engineers, lawyers , doctors, political leaders and plumbers.ā€ 

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 countryā€™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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Africa

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.”Ā 

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 ā€” 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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