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Kenyan advocacy groups join fight against femicide

30 women have been murdered in the country this year

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Kenyan flag (Photo by rarrarorro/Bigstock)

Some LGBTQ rights groups in Kenya have devised new security strategies to protect female community members from the risk of femicide that has been on the rise in the country in recent years. 

The strategies employed include hiring trained security response teams, emergency toll-free numbers for swift intervention and training queer women on safety as they go about their daily lives in homophobic societies.  

The LGBTQ rights organizationsā€™ move to come up with their safety measures is driven by laxity by security agencies that they accuse of ā€œpersonal bias, discrimination and victimization” of the complainants based on their sexual orientation whenever they seek help.

Consensual same-sex sexual relations are outlawed in Kenya under Sections 162 and 165 of the Penal Code and the queer rights groups the Washington Blade interviewed said the authorities exploit this criminalization. 

ā€œWe have contracted two security response focal persons in our organization to respond to violations of LBQ womxn in Kenya,ā€ noted Elly Doe, the executive director of KISLEB, a Kisumu-based organization that champions the rights of lesbian, bisexual and queer women.

Doe, whose organization also advocates against femicide, said KISLEB is part of a special security situation room formed to explore ways of tackling rising cases of insecurity among the LGBTQ community in the country. 

The Initiative for Equality and Non-Discrimination, an LGBTQ rights organization also contacted by the Blade, stated it has been conducting advocacy programs that include creating safer spaces forums to address femicide and violence against women both physical and online.   

One of the forums convened last September in Mombasa, for instance, explored how communities and institutions can work together to prevent violence against marginalized women, effective support for survivors, mentorship and awareness campaigns. The participants included lesbian, bisexual, queer and transgender women, women in politics, sports, media, women living with disabilities and sex workers.    

INEND Communications Officer Melody Njuki, who expressed her organizationā€™s concern over growing cases of femicide, oppression and violence against women, including those who identify as queer that go unchecked is caused by several social factors that include economic exclusion. 

ā€œThe intersectional issues faced by marginalized communities and structurally silenced women particularly sex workers and LBQT+ individuals adds complexity to the challenges experienced by victims of femicide due to discrimination, stigma and systemic inequalities exacerbating the vulnerability of women to violence,ā€ Njuki said. 

Both INEND and KISLEB last month joined other LGBTQ rights groups, feminists and dozens of human rights organizations in Kenya in a nationwide street protest against rising cases of femicide and violence against women. 

The Jan. 27 protests were in response to the brutal killing of 16 women across the country since the beginning of the year. Hundreds of women, including those who identify as queer, during a Valentine’s Day vigil donned black outfits and held lit candles and red roses in honor of this year’s femicide victims, whose number had risen to more than 30.

ā€œKISLEB as an organization that champions the rights of the LBQ womxn could not sit back and watch as women are being intentionally violated and killed yet in recent years the number has been rising rapidly and so many culprits go unpunished,ā€ Doe said over her organizationā€™s participation in the protest. ā€œParticipating in the protest was our way of expressing our solidarity with other women’s rights organizations in condemning femicide.ā€

Doe raised a concern over a rise in the number of homophobic threats against queer women, particularly on social media and residential areas, and called for police officers to be sensitized on LGBTQ issues to deal with this menace without discrimination. 

ā€œWe have also seen the cases of the murders of the LGBTQ community rising such asĀ aĀ trans woman activist Erica ChandraĀ in August in Nairobi and a nonbinary lesbian woman Sheila Lumumba in April 2022,ā€ she said.Ā 

INEND, together with the National Gay and Lesbian Human Rights Commission, and Galck+ which participated in Lumumbaā€™s murder case last December, were disappointed with the court after sentencing the suspect Billington Mwathi to 30 years in jail.Ā The three LGBTQ rights groups described the sentence as ā€œlenientā€ and said it didn’t meet the justice Lumumba deserved ā€” the suspect raped her before killing her.

The organizations said they wanted Mwathi to receive a life sentence because Lumumba’s killing was not just an act of violence on an individual, but an attack on the dignity and safety of the LGBTQ community.  

INEND, nonetheless, attributes the rise in femicide to victim blaming on the part of the public and some leaders, which leads to a disconnect on the protection of the victims’ rights and its subsequent erosion as witnessed in the LGBTQ community.  

ā€œThe road to genocide starts with the dehumanization of the most marginalized, then continues to devour its way up the hierarchy of patriarchal systems,ā€ Njuki said.  

She disclosed INEND was organizing a collective movement dubbed “#EndFemicideKe” to enlighten policymakers on the dire need to enforce strict measures on the killing of women. Njuki, however, commended jurists who are members of the Kenya Magistrates and Judges Association for their partnership with INEND and willingness to show a deeper understanding of human rights particularly the protection of LGBTQ rights.

She cited last yearā€™s launch of a judicial guidebook to help judges better protect queer people’s rights and the High Court’s ruling that allowed the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization in promoting freedom of association.

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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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