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U.S. ambassador to Kenya: Every country must make ‘own decisions’ about LGBTQ rights

Meg Whitman’s March 3 comments raised eyebrows

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U.S. Ambassador to Kenya Meg Whitman (Screen capture via Citizen Kenya TV/YouTube)

U.S. Ambassador to Kenya Meg Whitman earlier this month said every country “has to make their own decisions about” LGBTQ and intersex rights.

“Every country has to make their own decisions about LGBTQ rights,” she said on March 3 while speaking to reporters in Kenya’s Kajiado County. “In the United States we probably have a different position, which is we view LBTQ rights as human rights, but we respect every country’s point of view on what position they want to take on this and we will respect that, but of course our democratic values and the way we feel is different and that’s okay.”

“Countries have differences,” added Whitman. “We have a very strong working relationship over many years and I think the Kenyan government probably knows the U.S. perspective, in fact I know they do, but we also respect Kenya’s right over this particular issue.”

Kenya is among the countries in which consensual same-sex sexual relations remain criminalized.

The Kenyan Supreme Court on Feb. 24Ā ruledĀ the National Gay and Lesbian Human Rights Commission, an LGBTQ and intersex rights group, must be allowed to register as a non-governmental organization. The country’s groundbreaking intersex rights lawĀ took effectĀ last July.

President William Ruto last September told CNN’s Christiane Amanpour before he took office that LGBTQ and intersex rights are “not a big issue” in his country. His government last month began to crack down on foreign books with gay content that it feels targets teenagers.

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy. 

First lady Jill Biden on Feb. 25 spoke with young people about condoms, contraception and safer sex practices during her visit to the Shujaaz Konnect Festival in Nairobi, the Kenyan capital. Whitman on March 3 told reporters the $123,124,278.40 (16 billion Kenyan shillings) in aid the U.S. has given to Kenya for food and drought relief is not connected to the country’s LGBTQ and intersex rights policies.

“I want to underscore there is absolutely no linkage at all between that food and drought relief and Kenya’s stance on LGBTQ,” said Whitman.

A State Department spokesperson on Monday in a statement to the Washington Blade said “our position on the human rights of LGBTQI+ persons is clear. Human rights are universal.”

“A personā€™s ability to exercise their rights should never be limited based on sexual orientation, gender identity or expression, or sex characteristics,” said the spokesperson. “Governments should protect and promote respect for human rights for each and every human being, without discrimination, and they should abide by their human rights obligations and commitments.”

Whitman on Monday in a tweet reiterated this point. She also said she met with LGBTQ and intersex activists.

“Over the past week my team and I met with the LGBTQI+ community and stakeholders to support human rights of LGBTQI+ persons,” tweeted Whitman. “The U.S. proudly advances efforts to protect LGBTQI+ persons from discrimination and violence and will continue to stand up for human rights and equality.”

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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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