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Anti-LGBTQ crackdown worsens in Tanzania

Muharami Hassan Nayonga this year received 30-year prison sentence for anal sex

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Less than two months after Muharami Hassan Nayonga received a 30-year prison sentence for engaging in anal sex, the Tanzanian government is seemingly intensifying its crackdown on the country’s LGBTQ and intersex community.

Nayonga’s case is not the first of its kind in the East African country. Several LGBTQ and intersex people often find themselves in a similar situation, but their cases do not make headlines because of opposition to LGBTQ and intersex rights in the country.

Police in 2018 raided a party and arrested 10 men on suspicion they were gay.

“LGBTQI+ individuals cannot freely assemble, associate or express themselves publicly out of fear of identification, arrest, and discrimination or violence by police or family members,” reads the U.S. State Department’s 2022 human rights report.

LGBT Voice Tanzania, an LGBTQ and intersex rights organization in the country, says LGBTQ and intersex people who are currently behind bars face very harsh treatment from law enforcement officials. 

“Unfortunately, life for LGBTQIA people in Tanzania has only become more difficult because of the backwards leaders. These politicians have created a nightmare for all of us, simply for expressing our identity. They have stripped us of our Constitutionally protected freedoms,” said LGBT Voice Tanzania. “The pain and agony of the LGBTQIA people suffering in police custody in Tanzania is not just their own but is felt by the entire LGBTQIA community.”Ā 

The advocacy group further noted Tanzania is among the unfriendliest countries for those who identify as LGBTQ or intersex, with harsh penal laws and entrenched community and institutional bias and discrimination.

Millions of LGBTQ and intersex people in Tanzania also lack access to quality health care that includes HIV prevention, treatment and support, because of prejudice based on gender identity and sexual orientation. There is also an unprecedented increase in street drug use, and sex work to buy them, among LGBTQ and intersex youth who have been kicked out of their homes.

The crackdown in Tanzania is also being fueled by what is happening in Uganda, Kenya and neighboring countries. (Ugandan President Yoweri Museveni in May signed his country’s Anti-Homosexuality Act that contains a death penalty provision for “aggravated homosexuality.” Kenyan lawmakers have proposed a similar measure.) 

Some Tanzanian legislators are also pushing for a new anti-homosexuality law that would impose harsher penalties for those who enter into same-sex relationships. These lawmakers and religious leaders have argued such a statute would help ensure the promotion of so-called African values among young people and will ensure the country’s cultural heritage is protected.

Festo Sanga, an MP who represents Makete, said half of the country’s lawmakers would identify as LGBTQ or intersex in five decades if the bill does not become law quickly.

“We need to act now for the future of the country. In 50 years to come, we may find ourselves with leaders of the same nature, in fact, it wonā€™t just stop there in the Parliament, but we may find them in mosques and churches as imams and priests,” said Sanga. “Letā€™s act now, we shouldnā€™t wait, this isnā€™t African culture, it is neither our morals nor our values, our holy books, the Quran and the Bible, both reject it. We need to protect our children, because if we fail now, then we are going to have gay leaders.”

The prospective anti-homosexuality bill, which is set to include the death penalty has not yet been formally debated in Parliament.

Consensual same-sex sexual relations are already criminalized in Tanzania under Section 154 of Chapter 16 of the country’s Criminal Code that addresses “unnatural offenses.” Those who are convicted of violating the law face between 30 years and life in prison.

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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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