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Kenyan advocacy group uses social initiatives to fight homophobia

INEND made donations to sports teams, launched comic book

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The Initiative for Equality and Non-Discrimination has created a comic

A Kenyan queer rights organization has launched a social support initiative to fight endemic homophobic stigma and discrimination in the country.

The Initiative for Equality and Non-Discrimination, which has been training judicial officers on LGBTQ rights, is using sports and other social activities to educate the public against anti-queer discrimination.

The Mombasa-based INEND, through its ā€œAdvocacy Mtaaniā€ or ā€œAdvocacy at the Grassrootsā€ campaign, last month donated soccer jerseys, balls, goalpost nets, and other sporting items to local teams. It also used the platform to educate beneficiaries and the community-at-large on queer rights issues.

The donations followed another one to ā€œboda bodaā€ or ā€œpublic motorbike ridersā€ on Oct. 29. The Mombasa group received umbrellas to shield drivers and passengers alike from the sun and rain.

ā€œWe distributed umbrellas in various ā€˜boda boda’ stages to equip not only the operators but also to spread the message of inclusion and violence prevention in our endeavor to have the operators become human rights champions in the society,ā€ INEND, headed by Executive Director Essy Adhiambo, stated.     

INEND has also launched a comic strip, ā€œDavii and Oti,ā€ which tells a story about Pride and allyship.

The comic strip series has heterosexual, nonbinary, gay, and lesbian characters to help explore myriad socio-cultural and economic problems that include discrimination and violence that queer people experience in their families, workplaces, social gatherings, and other settings.

ā€œThis awesome queer comic focuses on what is often misused as an argument against the LGBTQ+ community in Kenya; family values, African culture, and traditions,ā€ INEND stated.   

The comic strip, which advocates for inclusivity and nondiscrimination based on one’s sex orientation and gender identity, also educates queer people about self-acceptance, resilience, and thriving through economic empowerment. Ā 

INEND has also come up with regional human rights advocacy trainings that focus on misinformation, disinformation, and digital rights. These workshops target women, queer people, and other marginalized groups.

The organization, for example, last month trained groups of women leaders and queer people in the coastal counties of Mombasa and Kilifi. Another one took place in the western county of Busia, which borders Uganda.

ā€œThese trainings come in a critical moment when we have witnessed an uptick in online gender-based violence especially towards LGBTQ+ folks,ā€ INEND noted. 

The trainings aimed at creating safe digital spaces for ā€œstructurally silenced women and queer personsā€ are conducted through a partnership between INEND and two global organizations: Access Now, which defends the digital rights of people and communities at risk, and the Association for Progressive Communications, which supports the use of internet and information and communication technology for social justice and sustainable development.   

INEND, after unveiling a judicial guidebook last October to help judges better protect queer people’s rights, has intensified regional training for judicial officers across the country. The organization this month, through its ā€œAccess to Justiceā€ initiative, trained judicial officers in Kisumu, Kenya’s third largest city, and in the North Rift region and Kilifi. 

The two-day training that began on Nov. 5 focused on making judicial officers more sensitive to queer people and showing empathy towards sexual and gender minority groups in order to realize a ā€œfairer and more inclusive legal systemā€ that upholds the dignity of all.Ā 

The training followed INEND’s launch of a new report in July titled ā€œTransforming Perceptionsā€ that accesses the impact of their sensitization engagements with 53 judges and magistrates in 2022 on queer rights protection. 

ā€œThe results offered a glimpse of hope for a more inclusive justice system,ā€ the report states. ā€œOver 70 percent of judicial officers surveyed after the training acknowledged that existing laws, like Sections 162, 163, and 165 of the penal code which criminalize consensual same-sex intimacy negatively influence societal views of LGBTQ+ Individuals.ā€ 

The report also notes that 80 percent of the judicial officers trained on queer rights issues indicated they would either be comfortable or indifferent living next to a queer person

Pema Kenya is another local advocacy group that is working to make judicial officers more sensitive to queer people when they handle their cases.

The group in September held a two-day training on gender and sexuality issues for members of the Judicial Service Commission, a top governing body of Kenya’s judiciary.

ā€œThis initiative aims to equip key stakeholders within the judicial framework with vital knowledge and skills to handle cases related to gender and sexuality with empathy, understanding, and professionalism,ā€ Pema Kenya stated

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Kenya Red Cross-owned hotel to host anti-LGBTQ conference

Speakers from US, European countries to participate in May 12-17 gathering

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Plans to host a family values meeting next month in a 5-star hotel in Nairobi that the Kenya Red Cross Society co-owns have sparked an uproar among local queer rights groups.

The groups accuse the Kenya Red Cross of violating its Global Fund commitment of protecting key populations by allowing its Boma Hotel to host an ā€œanti-gender and anti-LGBTQā€ conference. 

Influential guest speakers from the U.S., the Netherlands, Spain, and Poland will preside over the Pan American Conference on Family Values that will take place from May 12-17. The Kenyan advocacy groups say these speakers’ organizations are globally recognized for undermining LGBTQ rights.

ā€œAs the principal recipient of Global Fund in Kenya, hosting this event contradicts (the) Red Cross’s humanitarian mission and threatens the safety and dignity of people living with HIV, women and LGBTQ+ individuals, the communities that Kenya Red Cross Society has long committed to supporting,ā€ the queer rights groups state. 

The LGBTQ groups that have criticized the Kenya Red Cross include Upinde Advocates for Inclusion, the Initiative for Equality and Non-Discrimination, and Gay and Lesbian Coalition of Kenya. They have also launched an online signature collection drive to compel the Kenya Red Cross to withdraw the hotel from hosting the ā€œPromoting and Protecting Family Values in Challenging Timesā€-themed conference.

ā€œThe event’s so-called ‘family values’ narrative is a smokescreen for policies that push hateful legislation and promote death, discrimination, femicide, gender-based violence, and restrict fundamental freedoms across Africa,ā€ the groups said.  

The pro-life Western organizations that are scheduled to participate in the conference include Family Watch International from the U.S., CitizenGo from Spain, the Ordo Luris Institute from Poland, Christian Council International from the Netherlands, the New York-based Center for Family and Human Rights (C-FAM), and the Foundation for American Cultural Heritage. Their local counterparts include the National Council of Churches of Kenya, the Kenya Christian Professionals Forum, the Africa Christian Professionals Forum, and the Evangelical Alliance of Kenya.

C-FAM President Austin Ruse; Family Research Council Vice President for Policy and Government Affairs Travis Wever; Global Life Campaign Executive Director Thomas W. Jacobson; and the Rev. Ricky Chelette, executive director of Living Hope Ministries, Inc., and president of the Institute of Biblical Sexuality are among the U.S. guest speakers. Other participants include Henk Jan van Schthorst, president of Christian Council International’s board of directors, Ordo Luris Institute President Jerzy Kwasniewskie and his colleague, Rafal Dorosinski, director of the group’s Legal Analysis Center.Ā 

The Kenyan groups through their online petition — ā€œTell Red Cross Kenya Not to Give Hate a Platformā€ — has so far raised more than 1,000 of the 10,000 signatures they hope to collect. The petition is addressed to Red Cross Kenya Secretary-General Ahmed Idris and his predecessor, Abbas Gullet, who is the hotel’s director.

ā€œWe call on you to immediately cancel this booking and publicly reaffirm Red Cross’ commitment to human rights, health and inclusivity,ā€ the petition reads. ā€œFailure to act will raise concerns about whether (the) Red Cross can still be trusted by the community to lead with empathy and fight for their rights.ā€ 

The Kenya Red Cross, however, maintains the Boma Hotel is a separate entity, even though public records indicate it is one of the facility’s shareholders.

The LGBTQ groups note the hotel should be a safe space that promotes inclusion, not platforms that enable ā€œharmful gatheringā€ for hate and exclusion by ā€œdangerous groups.ā€   

ā€œBy providing a venue for this event, Red Cross directly enables a platform for hate and discrimination — a stark contradiction to the values of inclusivity, humanity, and nondiscrimination that the organization claims to uphold,ā€ they said. Ā 

The organizations further warn that proceeding to host the conference threatens the relationship between the Red Cross and the marginalized communities who have long depended on the humanitarian organization for support and protection. CitizenGo has nonetheless criticized the LGBTQ groups, which it describes as ā€œradical activist groupsā€ for ā€œtrying to silence a pro-family eventā€ and asked the Kenya Red Cross and the Boma Hotel not to back down.

ā€œThese groups are calling the event ‘hateful’ because it affirms the natural family — marriage between a man and a woman — and the dignity of every human life, including the unborn,ā€ Ann Kioko, the group’s campaign director for Africa and the U.N., said.

Through an online counter signature collection drive, Kioko holds CitizenGo and other groups won’t be intimidated, silenced or apologize to the queer rights groups for defending ā€œour families, our faith and our futureā€.  

ā€œThe real goal of these foreign-funded activist groups is to impose LGBTQ and gender ideologies on Africa — ideologies that have led elsewhere to the confusion of children, the breakdown of family structures and the rise of sexual libertinism that results in abortion, STIs and lifelong emotional and psychological trauma,ā€ Kioko stated.  

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Outcome of transgender rights case in Kenya remains uncertain

Country’s attorney general has asked High Court to dismiss lawsuit

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(Image by Bigstock)

Transgender Kenyans’ efforts to receive birth certificates that reflect their gender identity now hang in the balance, despite several legal victories.

Attorney General Dorcus Oduor has asked the High Court to dismiss a pending case that three trans people have filed. Oduor argues a person is born either ā€œa boy or a girlā€ and existing laws do not allow for anyone to change their sex in adulthood.

Oduor in her written submission to Justice Bahati Mwamuye also argues gender identity and the government’s issuance of a birth certificate are based on a person’s physical appearance. Her argument, however, exempts intersex people.

The government last month officially recognized intersex people in a Kenya Gazette notice that said they can receive birth certificates with an ā€œIā€ gender marker. The country’s historic intersex rights law took effect in 2022.

ā€œThe existing laws of the land do not contemplateĀ changeĀ of gender, and marks of transgender are not a basis for determining one’s gender as either male or female,ā€ Oduor states. Ā 

Oduor further maintains that a person’s feeling they are ā€œunwillingly living in a wrong bodyā€ cannot justify changing their gender. Oduor maintains a person’s gender is based on fact — not feelings — and the plaintiffs at birth were registered and named based on their gender status.

Audrey Mbugua, Maurene Muia, and Arnest Thaiya are the three trans people suing Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget in order to receive amended birth certificates.

The plaintiffs argue the current discrepancy in crucial documents — birth certificates, national identification cards, and passports — has denied them opportunities and rights. They disagree with Oduor’s position on determining one’s sex, arguing the process is ā€œnot scientific, but subjective.ā€

ā€œThere are no identifiers of sex or definitions of the biological or psychological components of sex,ā€ the plaintiffs argue. ā€œIn any event, such biological components cannot be limited to genitalia only, but also chromosomes, gonads, hormones, and the brain.ā€ 

They further maintain that trans people cannot be forced to live with names of the wrong gender as adults. Oduor, however, maintains that only mistakes, such as spelling errors or parents in ID documents, can be changed and not a gender marker.  

Amka Africa Justice, Jinsiangu (ā€œmy genderā€) Kenya, and the Kenya Human Rights Commission are among the advocacy groups that have joined the case.

Mbugua, a well-known trans activist, has been pushing for legal rights in the court for more than a decade.

She filed a lawsuit in which she demanded the government identify her as a woman and to be allowed to live as one, not as a male as she was registered at birth. A landmark ruling in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name and replace the gender marker on her academic certificates.Ā 

Mbugua also founded Transgender Education and Advocacy, a group with more than 100 members. A long court battle that ultimately proved successful allowed Transgender Education and Advocacy to become the first publicly-funded trans rights organization in Kenya.

Transgender Education and Advocacy’s initiatives include offering legal aid to trans people seeking to change their names, photos, and gender markers in documents, pushing for legal reforms to end discrimination based on gender identity and expression, and providing economic assistance to trans people who want to overcome poverty and sexual exploitation.

Jinsiangu Kenya, established in 2018, also champions equal access to health care and other basic services without discrimination based on gender identity and expression.

AĀ report that Jinsiangu Kenya released in July 2021 notes 63 percent of trans people surveyed did not have ID documents or records with gender markers that coincide with their gender identity.Ā The report also notes 10 percent of trans people surveyed said officials denied them an ID card or passport, and they were unemployed because they did not have the proper documents.

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Queer Kenyans with HIV/AIDS face double burden of stigma, discrimination

Advocacy group released findings of 2024 report on March 3

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Kenyan flag (Photo by rarrarorro/Bigstock)

Queer Kenyans living with HIV/AIDS face the double burden of stigma and discrimination due to their LGBTQ identities and HIV status.

The National Empowerment Network of People Living with HIV and AIDS in Kenya (NEPHAK)’s latest report notes this reality, while also revealing queer people stigmatize and discriminate against each other because of their HIV status.

The 2024 report titled “People Living with HIV Stigma Index Assessment,” which NEPHAK released on March 3, notes that although stigma and discrimination vary across different populations in Kenya, queer people are more affected because of the double burdens of LGBTQ identities and HIV-positive status.

ā€œFor instance, gays or men who have sex with men (MSM) reported feeling marginalized and devalued, often being labelled as immoral and worthless individuals with a bleak future,ā€ states the 78-page report. ā€œThey frequently bore the blame for their HIV-positive status and shunned by family, friends, and neighbors who caution their children against associating with them.ā€

The NEPHAK survey sampled a total of 1,305 people living with HIV/AIDS across the country, of which 322 or 24.6 percent were key populations that include gay men, transgender people, sex workers, and people who inject drugs. Eighty-five of the 322 people from key populations surveyed were gay men, while 60 were trans.

The survey’s 21-member National Steering Committee of which Women Fighting AIDS in Kenya CEO Dorothy Onyango is chair, includes Solomon Wambua of the Key Populations Consortium, Ludfine Bunde from UNAIDS, and Allan Maleche from KELIN Kenya, a group that champions equal access to healthcare for LGBTQ people and others.

The report’s general findings note that HIV-related stigma and discrimination remain a concern in Kenya, with low HIV disclosure levels within the family. For instance, it reveals 56 percent of respondents confirmed their spouses knew their HIV status, while only 28.7 said their children knew. The survey also notes roughly half of respondents said their partners were HIV positive, whereas 36.5 percent said their partners are negative.  

With regards to HIV testing, 62.5 percent of respondents voluntarily chose to get tested while 97.2 percent of respondents said they were on HIV treatment.  

The report also states 15.3 percent of respondents had their HIV status revealed to others by healthcare workers without their consent at healthcare facilities. Twenty-nine percent said they were unsure if their medical records are kept confidential.

The survey lists discriminatory remarks from other people at 27.8 percent, discriminatory comments from family members and friends at 24 percent, and verbal harassment at 22 percent as the top three HIV-related stigma and discrimination that people living with the virus face.

ā€œAs recounted by people living with HIV who participated in the 2024 Stigma Index study, there is no way the country will deliver on the 95.95.95 HIV Treatment targets and join the world in the path to end AIDS as a public health threat by 2030 if HIV-related stigma and discrimination is not tackled,ā€ Onyango.

She reiterated HIV-related stigma and discrimination continue to hamper HIV prevention efforts, treatment, and care interventions in all of Kenya’s 47 counties and among all populations.

ā€œStigma experienced by adolescent girls and young women and key populations, whether sex workers, men who have sex with men, transgender persons and people who inject drugs/ people who use drugs, remain high,ā€ Onyango stated.

The stigma breakdown for key populations by the report reveals 48.3 percent of trans people reported experiencing verbal harassment, 31.7 percent reported instances of blackmail, and 28.3 percent admitted they do not seek health care. Another 36.7 percent of respondents said their families discriminate against the because of their gender identity. Of the 60 trans people surveyed, 41, or 68.3 percent, said they belong to a network or support group for trans people.

Almost half, or 48.2 percent, of the 85 gay people surveyed said they experience verbal harassment and 50 percent indicated family and friends discriminate against them. Another 39.5 percent said they are afraid to seek health care; 38.8 percent avoided seeking medical treatment due to concerns about their identity being exposed, while 81.2 percent said they belong to an MSM network.

ā€œMany MSM felt compelled to conceal their identity and remained closeted, further isolating themselves from support networks. These discriminatory attitudes also deterred MSM from seeking essential healthcare services, as they feared judgement and condemnation,ā€ reads the report.

It further notes MSM basic rights are frequently disregarded or denied, making them vulnerable to verbal and physical assaults, insecure, and marginalized. Religious communities also promote stigma that further isolates gay people and contributes to their isolation.

ā€œI have experienced discrimination and stigma in church where the MSM have been branded evil and linked to sin. We have been called purveyors of immorality and disease by pastors,ā€ an unnamed MSM from Mombasa told NEPHAK researchers. ā€œAdditionally, there have been instances of discrimination among my MSM friends who are HIV negative, for example, when they refuse to share drinks with those of us who are HIV positive.ā€

Another MSM living with HIV noted disclosing his status is very difficult and their family and community because of stigma, even from a partner.

ā€œIt happened that I went to a certain facility and one of the health workers said to me, the activities you engage in (having sex with fellow men) should be prayed for so that you stop as they are putting you at risk,ā€ they told NEPHAK researchers.  

Some MSM living with HIV, however, noted joining support groups after they learned their status has had a positive impact.  

ā€œMeeting up with people who have the same status has been comforting,” one MSM told NEPHAK researchers. “This is because we get to share our ideas and experiences, as well as give each other advice on how to live positively.

The report urges relevant organizations and the Key Population Consortium to create awareness campaigns to tackle stigma and discrimination against queer people with HIV/AIDS. It also calls for households, communities, and relevant institutions to become more sensitive to the promotion and protection of the rights of people living with HIV/AIDS and working with religious leaders to address HIV-related stigma and discrimination.

The report further urges relevant health institutions and partner organizations to expand knowledge of the law, privacy and confidentiality among officials, administrators, clergy, and the general public.

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