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LGBTQ, intersex community in Mauritius growing more visible

Homosexuality remains criminalized in African country

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An anti-LGBTQ billboard in Port Louis, Mauritius. (Photo courtesy of Collectif Arc-en-Ciel)

Mauritius is seeing a positive trend when it comes to the LGBTQ and intersex community, even though consensual same-sex sexual relations remain criminalized.

Young Queer Alliance, an LGBTQ and intersex rights group in the southern African country, on July 7 released findings of the research it conducted in 2022. Its work indicates attitudes towards LGBTQ and intersex people in Mauritius have improved from where they were five years ago. 

The number of LGBTQ and intersex couples living together has doubled from 5.6 percent in 2017 to 11 percent in 2022. Nearly 63 percent of those who identified as LGBTQ or intersex came out to a sibling in 2022, compared to 53.5 percent in 2017. The percentage also increased when it came to coming out to parents or guardians ā€” from 29 percent in 2017 to 41.7 percent in 2022.

Young Queer Alliance, however, said although these were positive results, the LGBTQ and intersex community was still facing brazen attacks and stigma from religious sects and other segments of Mauritian society.

Young Queer Alliance noted religious bodies should become voices for the LGBTQ and intersex community by offering them protection and refuge as their connections to themselves and their faith remain personal, unshakable and sacred.

Young Queer Alliance painted a grim picture when it comes to tolerance of LGBTQ and intersex people in Mauritius, especially in the workplace.

ā€œ61.5 percent of LGBTQ+ people reported that they have been victims of discrimination at their workplace. However, we regularly sensitize and empower LGBTQ+ persons on their rights including employment rights,” said Young Queer Alliance. “Some 102 employees in five private sector companies have been sensitized on the diversity and inclusion of LGBTQ+ people in the workplace. Moreover, as and when there are complaints of workplace discrimination based on sexual orientation, YQA approaches the Ministry of Labor or the Equal Opportunities Commission for a resolution.ā€ 

Young Queer Alliance also said there was very little possibility that consensual same-sex sexual relations will be legalized anytime soon.

ā€œUnfortunately, the current government was elected with only 38 percent of national votes representing less than 30 percent of all eligible voters,” said Young Queer Alliance. “Politics is closely linked with socio-cultural and religious groups. Government has made it clear that it would not decriminalize sodomy given the social fabric. Nevertheless, members of the opposition are more supportive of LGBTQ+ rights.ā€

Young Queer Alliance said it is heart breaking to see LGBTQ and intersex people flee the country and leave their families for asylum in other countries where they can be themselves and freely express their sexual identity.

An anti-LGBTQ billboard that said “cursed is he who practices the deed of the people of Lot (homosexuality) was erected in Port Louis, the Mauritian capital, a few days ago. Collectif Arc-en-Ciel, a local LGBTQ and intersex rights group, said Muslim extremists erected it.

“We respect all point of view and the freedom of expression, nonetheless it is rather deplotable that in 2023 such a statement can be published without the authorities responding whilst it clearly can be termed as hate speech towards the LGBTQIA+ community,” said Collectif Arc-en-Ciel Director Jean Daniel Wong.

Any person found guilty of the crime of sodomy or bestiality under Mauritian law shall be liable to penal faces up to five years in prison.

More than 400 people participated in Collectif Arc-en-Ciel’s annual Pride parade, which local authorities deemed illegal. Police did not arrest any of them, but they did face death threats.

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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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