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Congolese government cautions media not to promote LGBTQ-specific content

Announcement comes after Pride flag gift bags distributed in Lumbumbashi

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The government of the Democratic Republic of the Congo has cautioned the country's media not to promote LGBTQ-specific content after conference organizers in the city of Lumbumbashi distributed Pride month-colored bags. (Photo via Twitter)

The Superior Council for Audiovisual and Communication, Media Regulatory Authority in the Democratic Republic of the Congo has cautioned the media to desist from what it describes as the promotion of LGBTQ and intersex content.

According to CSAC RDC, any media outlet or member of the media that promotes LGBTQ and intersex content will beĀ subjectĀ ofĀ heavy penalties.

ā€œAll media that serve as a stepping stone to the shameful campaign of homosexuality and lesbianism exposes themselves to heavy penalties,ā€ said the CSAC RDC.

The media regulatory body’s statement comes after last Wednesdayā€™s distribution of gift bags in the colors of the Pride flag after DRC Mining Week in Lubumbashi ended. Some local residents participated in sporadic protests that demanded the removal of the gift bags, saying they were promoting homosexuality.

The protesters said some companies that participated in DRC Mining Week used it as a catalyst to promote LGBTQ and intersex rights. They also said it violated their religious and cultural beliefs.

Some LGBTQ and intersex rights activists have criticized the protesters, noting they were channelling their anger in the wrong way.

ā€œThis level of bewilderment is seriously all the same. No supporting text is cited since it does not exist that outlaws those that identify as LGBTQ so how does the CSAC become the legislator? Why do we refuse to turn on our brains? No wonder we are the laughingstock of the world. Immorality reigns over the Congo, cheating, lying, embezzlement, we embrace this immortality every day,” said Blaise Migabo, a legal advocate. “It must be said that the CSAC misleads public opinion and ridicules the nation. This press release, which has no legal value, should be withdrawn.ā€

Sirius Tekasala, another activist, said people should not be concerned about other peopleā€™s sexual orientation.

ā€œI have not seen anywhere where homosexuals have imposed anything on anyone,” said Tekasala. “The fact of distributing bags with LGBT colors becomes an imposition how?”

“We have a real problem of homophobia in this country,” added Tekasala. “I don’t understand how someone else’s sexuality can actually bother another person. How many people can disagree so violently with a sexuality that does not concern them? They are no different from racists in fact, the constitution of the DRC is neutral on the issue of homosexuality. Nowhere does it say we are only a heterosexual country.ā€

Consensual same-sex sexual relations are legal in the country, and have never been explicitly criminalized. The age of consent for heterosexual and same-sex couples is the same, but Article 40 of the Congolese Constitution does not recognize same-sex marriage.

LGBTQ and intersex people are often not open about their sexual orientation for fear of being ostracized by society. Those who are out often face hostility, widespread discrimination, rejection, social exclusion and harassment.Ā 

According to the Sexual Rights Initiative and Si Jeunesse Savait, the countryā€™s security services ā€” the police, army and intelligence apparatus ā€” frequently violate the rights of the most visible LGBTQ and intersex people. 

The DRC since 2010 has seen several attempts to criminalize same-sex relations. 

These attempts claimed to cover gaps that existed in criminal law. They also contained provisions on the prohibition of organizations promoting the rights of LGBTQ and intersex people, but Congolese lawmakers have yet to pass any of these bills.

Nevertheless, in Lubumbashi, as in some other major Congolese cities, it is no longer rare to see those that identify as LGBTQ or intersex. Nightclubs and bars are often the venues where they can meet and be seen. 

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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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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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