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South Sudanese government curtails security agency’s ability to arbitrarily arrest people

National Security Services accused of targeting LGBTQ, intersex people

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(Image by rarrarorro/Bigstock)

Human rights groups have welcomed the scrapping of South Sudan’s National Security Services’ unfettered powers to arrest people.

President Salva Kiir Mayardit and First Vice President Riek Machar last month scrapped Section 54 and 55 that allowed an arrest without a warrant and arrest with a warrant respectively under the National Security Service Act of 2014. Many human rights organizations had called for the government to restrict the powers of the NSS, which has caused many LGBTQ and intersex people to flee to the Kakuma refugee camp in neighboring Kenya.

ā€œThe SSHRDN (the South Sudan Human Rights Defenders Network) welcomes the recent proclamation by the Cabinet Affairs Minister, Dr. Martin Elia Lumoro, on behalf of the Revitalized Transitional Government of National Unity declaring that the NSS no longer has the power to arrest with or without a warrant,” said the South Sudan Human Rights Defenders Network National Coordinator James Bidal.

Bidal in his statement notes human rights activists “have faulted” the National Security Service Act of 2014 “for giving” the NSS “police-like powers to arrest, detain conduct searchers and seize property without adequate safeguards and exceeding the NSSā€™ constitutional mandate, which limits its powers to information gathering, analysis and advice to the relevant authorities.” 

“Human rights organizations have documented human rights violations by the NSS including arbitrary arrests and prolonged detention, including of political opponents and government critics,” said Bidal. “As the Human rights defendersā€™ network, we commit to continue defending and advocating for human rights of every person in the country and continue to exploring meaningful ways to collaborate and work with government, legislature, the judiciary, civil society, the South Sudan Human Rights Commission, media, academia, individual human rights defenders, international non-profit organizations, United Nations agencies and the diplomatic corporations.ā€

Carine Kaneza Nantulya, the deputy director of the Human Rights Watch in Africa, notes the NSS was established at independence in 2011 to collect information, conduct analysis, and advise relevant authorities however. It, however, repeatedly overstepped this constitutional mandate.

ā€œWorryingly, NSS abuses also stretch beyond South Sudanā€™s borders,” said Nantulya. “In some cases, it has harassed and repressed South Sudanese activists in Kenya and Uganda with the aid of local authorities. South Sudanese authorities should immediately open an investigation into the security service abuses and hold officers to account while ensuring redress for victims. The investigation should include the role of senior leadership of the NSS in perpetuating abuses. The African Union and South Sudanā€™s neighbors should apply consistent diplomatic pressure to ensure these reforms. This could help transform the NSS into an agency that respects fundamental rights and freedoms not only in South Sudan, but the region.ā€

Flavia Mwangovya, Amnesty Internationalā€™s deputy regional director for East and Southern Africa, also said the NSS operates a spy network that extends throughout East Africa where many South Sudanese have found refuge. 

Mwangovya said at least four South Sudanese men ā€” three of whom were refugees who had received protection in Kenya ā€” since January 2017 have been illegally picked up and transferred back to South Sudan. They were held in prolonged detention at Blue House, the NSS’ detention facility, and two of them were reportedly killed extrajudicially.

ā€œSince the NSS Act in 2014, the NSS has accumulated unchecked powers, becoming one of the main perpetrators of human rights violations and the most powerful security actor in South Sudan,ā€ said Mwangovya.

Consensual same-sex sexual relations remain criminalized in South Sudan under the country’s 2008 penal code that criminalizes “acts of carnal knowledge against the order of nature” and “gross indecency.” These provisions carry a maximum penalty of 14 years in prison and a fine.

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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