Africa
Kenyan MPs approve resolution to ban public discussions of LGBTQ issues
Some lawmakers argue motion threatens freedom of expression
Kenya’s parliament has overwhelmingly passed a motion for the government to enforce an immediate ban on “public discussion, reporting and distribution” of LGBTQ content in the country.
It passed on Wednesday, despite some legislators raising concerns that it is a threat to the freedom of expression, information and the media protected under the Kenyan Constitution.
Owen Baya, an MP from the ruling United Democratic Alliance party who also serves as National Assembly’s deputy majority leader, termed the motion “controversial” and questioned why it was allowed for debate in the House, even though it violates the law.
“The republic of Kenya is governed by the Constitution. How can we prohibit freedom of speech? Freedom of speech, reporting and distribution of information are constitutional rights even if same-sex relations are illegal in Kenya,” Baya said.
The Article 33 of the Constitution under the freedom of expression requires every person to respect the rights and reputation of others.
Section 2 of the same Article 33, however, curtails freedom of speech when it amounts to war propaganda, incitement to violence, hate speech and advocacy to hatred such as ethnic incitement, vilification of others or incitement to cause harm.
Article 32, which Baya also cited, provides the right to freedom of conscience, religion, thought, belief and opinion in addition to Article 34 which guarantees the freedom and independence of electronic, print, and all other types of media.
The sponsor of the anti-gay motion, Mohamed Ali, an MP from the ruling party and a celebrated investigative journalist, in response argued that publicizing homosexuality, which is outlawed in the country, violates the constitution that only recognizes marriage between a man and a woman.
“The constitution gives us the freedom of expression, but not about gay and lesbianism which are unlawful practices in Kenya,” Ali said.
The legislator stated that his motion banning LGBTQ publicity is motivated by an increase in homosexuality in the country because of LGBTQ-specific content in books and in print and broadcast media.
The government is already cracking down on foreign teenage books with LGBTQ content.
The Education Ministry and the church have also formed a Chaplains Committee chaired by Kenya’s Anglican Bishop Jackson Ole Sapit to counter what he describes as the infiltration of homosexuality in schools. The committee’s mandate include counseling students who identify as LGBTQ.
“We recognize that publishing and distributing homosexual content through the press has serious consequences to the family values and opposite-sex relations that should be protected since the increase in same-sex relations threatens the extinction of human beings in the country,” the motion reads.
The move to curtail homosexuality is also in response to last month’s Supreme Court ruling that granted the LGBTQ community the right to register as non-governmental organization.
The judges’ decision sparked anger and criticism from religious leaders and politicians, including President William Ruto, who has instructed the attorney general to have it overturned through an appeal.
The motion that lawmakers approved on Wednesday calls for the police and judiciary to enforce it through the Section 162 of the Penal Code that criminalizes consensual same-sex relations with a 14-year jail term and sets the pace for the introduction of an anticipated anti-homosexuality bill that is being drafted.
Opposition MP Peter Kaluma, who sponsored the bill that seeks to further criminalize and punish homosexuality and the promotion of LGBTQ activities in Kenya, last month notified the National Assembly Speaker about its introduction in the House.
U.S. Ambassador to Kenya Meg Whitman came under fire during the debate on the motion because of her recent remarks in defense of the LGBTQ and intersex community that she made after she met with a group of activists.
“She should respect our religious beliefs, African and Kenyan culture, and our constitution the way we respect the U.S. Constitution. We won’t allow the American culture of gay and lesbianism to rule in Kenya and I ask Whitman to practice the American in the U.S. and the Kenyan culture be left to Kenyans,” Ali said.
The lawmakers also criticized the West, particularly the U.S., for championing LGBTQ and intersex rights in what they termed as engaging in serious reengineering of the world order to destroy other people’s cultures and humanity.
The parliament’s move to curtail consensual same-sex rights in Kenya comes at a time when Uganda’s President Yoweri Museveni is being pressured by the U.N., the U.S. and other Western nations not to sign into law a bill that bans people from identifying as LGBTQ or intersex. Kenyan lawmakers have applauded their Ugandan counterparts for passing the measure, while urging Museveni to assent to it without bowing to any pressure from the Western nations since his firm opposition to homosexuality has made him East Africa’s role model.
Africa
Lesbian South African MP named to country’s new Cabinet
Steve Letsike won a seat in the National Assembly on May 29
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.
Africa
Congolese justice minister orders prosecutor general to arrest LGBTQ allies
Constant Mutamba issued directive on June 15, implementation unclear
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.
Africa
Prominent South African activist elected to country’s parliament
Steve Letsike founded Access Chapter 2
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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