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LGBTQ, intersex Ghanaians in limbo as lawmakers consider harsh ‘family values’ bill

Soldiers earlier this month raided gay party in Accra

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Ghanaian flag (Public domain photo by Jorono from Pixabay)

Ghana’s LGBTQ and intersex community is currently in limbo over whether the government will impose more harsh penalties upon those who identify as LGBTQ or intersex.

Parliamentarians in 2021 introduced the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that would fully criminalize LGBTQ and intersex people, along with advocacy groups and anyone who comes out in support of them.

The measure would criminalize cross-dressing, public affection between two people of the same sex, marriage among same-sex couples or the intent to marry someone who is the same sex. The bill would also prohibit corrective therapy or surgery for intersex people.

Any person or group seen as promoting identities or prohibited acts in the bill or campaigning in support of LGBTQ and intersex people would face up to 10 years in prison. Any person who does not report consensual same-sex sexual acts could also face charges.

A parliamentary committee is currently reviewing the measure, but LGBTQ and intersex Ghanaians continue to be victimized and assaulted under existing law that criminalizes consensual same-sex sexual relations.

Ghanaian soldiers earlier this month stormed a gay party in Accra, the Ghanaian capital, and assaulted two people who were attending it.

ā€œMilitary men stormed and disrupted a birthday party of alleged gay men in James Town, Accra. According to reports, some of the partygoers were injured and bled, following the military attack on the alleged LGBTQ+ persons at the party,” said Rightify Ghana, an LGBTQ and intersex rights group, in a statement. “We urge the authorities to investigate these incidents and hold those responsible accountable for their actions. The use of excessive force against civilians is never justifiable and only serves to create further division and mistrust.

“We stand in solidarity with the victims of these attacks and call on all Ghanaians to come together in support of peace and tolerance,” added Rightify Ghana. “Discrimination and violence have no place in our society, and we must all work together to create a safe and inclusive environment for all.ā€ 

Kwame Afrifa, CEO of Reflex Ghana, another LGBTQ and intersex rights group, said the Accra raid was not the first time such an event has happened. Afrifa said making the country’s armed forces more sensitive to LGBTQ and intersex rights would help curtal such incidents. 

ā€œThere have been a few cases I have heard of this year and in previous years such as the closing of the LGBT+ Rights Ghana safe space, the destroying of billboards belonging to LGBT+ Rights Ghana, the arrest of human rights activists which also happened somewhere last year amongst others I haven’t come across,” said Afrifa. “Nevertheless, sensitizing LGBT+ issues would help in abating the victimization as most people are ignorant of the laws of the land and try to abuse the rights of queer persons.”

Rightify Ghana said categorizing the existence of LGBTQ and intersex people and labeling consensual intimacy between people of the same sex as deviant is a legacy of colonialism.

ā€œThe Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 will continue to be a pattern of dehumanizing and silencing LGBTQ+ people, isolating them from support networks. It will also minimize, and even cover up, human rights violations,” said Rightify Ghana. “We therefore, recommend that the Committee on Constitutional, Legal and Parliamentary Affairs recommend that the Parliament of Ghana reject the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill in its entirety.”  

Ghana is among the dozens of countries in which consensual same-sex sexual relations remain criminalized.

The country is one of the 10 non-permanent U.N. Security Council members. A representative from Ghana on Monday during a meeting that U.S. Ambassador to the U.N. Linda Thomas-Greenfield hosted said the Security Council is not an appropriate venue to discuss LGBTQ and intersex rights.

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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Africa

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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