Why are Kenya and Uganda cracking down on LGBTQ rights?
Kenya and Uganda are moving to further curtail the rights of lesbian, gay, bisexual, transgender and queer (LGBTQ) people, whose relationships are already deemed illegal in the conservative East African nations.
After a session lasting nearly seven hours, Ugandan lawmakers approved the Anti-Homosexuality Act on Tuesday, ordering harsh penalties for anyone who engages in same-sex activity.
While more than 30 African countries including Uganda already ban same-sex relationships, the new law passed appears to be the first to outlaw merely identifying as LGBTQ, Human Rights Watch said.
In Kenya, a February ruling by the Supreme Court upheld verdicts by lower courts stating that the government could not lawfully refuse to register an organisation calling itself the National Gay and Lesbian Human Rights Commission (NGLHRC).
But President William Ruto and many religious leaders and political pundits have been condemning the court’s conclusion that the constitution barred discrimination on the basis of sexual orientation.
“I am a God-fearing man and whatever happened at the court, even if we respect the court, our culture, values, Christianity and Islam cannot allow women to marry each other, or men to marry fellow men,” local media outlet Citizen TV reports Ruto as saying.
Supporters in both nations say the lifestyle of the LGBTQ community threatens traditional values.
Here is what you should know about the latest developments:
If assented to by Ugandan President Yoweri Museveni, the bill will hand authorities broad powers to target gay Ugandans who already face legal discrimination and mob violence.
It bans promoting and abetting homosexuality as well as conspiracy to engage in homosexuality, in addition to same-sex intercourse.
What are the latest measures?
Violations under the law draw severe penalties, including death for so-called aggravated homosexuality and life in prison for gay sex.
Aggravated homosexuality involves gay sex with people under the age of 18 or when the perpetrator is HIV positive, among other categories, according to the law.
Same-sex relations are legal in only 22 of Africa’s 54 countries, and are punishable by death or lengthy prison terms in some, according to a global review by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA).
Africa accounts for nearly half of the countries worldwide where homosexuality is outlawed, according to the review.
In Kenya, a Supreme Court ruling that the constitution barred discrimination on the basis of sexual orientation sparked fears among some citizens who oppose the legalisation of same-sex relationships.
The registration of the commission was one of two cases concerning LGBTQ rights that have been under litigation.
Analysts say the reaction to the February ruling may be an effort to influence the second case, which directly challenges the constitutionality of the sections of the penal code banning sex “against the order of nature”.
Why is this happening?
Uganda is notorious for strict views on sexuality and intolerance towards homosexuality, which is criminalised under colonial-era laws.
But opposition politicians boycotted a speech by Museveni on Thursday, in which he described gay people as “deviations”, to protest against human rights violations and the illegal imprisonment and forced disappearance of their supporters.
In his speech, Museveni said: “Western countries should stop wasting the time of humanity by trying to impose their practices on other people.”
Under his rule, journalists have been attacked, lawyers jailed, election monitors prosecuted, the internet shut down and opposition leaders muzzled.
Parliament YAFFE Uganda 25/03/2023
