Africa
Intersex Kenyans see significant gains under landmark law
MPs approved statute last year
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NAIROBI, Kenya — The push for intersex people to enjoy equal rights as Kenya’s third sex has recorded significant gains since a landmark law took effect last July.
Intersex people arrested for breaking the law can now be presented in court as intersex, since prosecutors have adopted the special ‘I’ sex marker for the group in charging documents.
This addresses the problem of authorities identifying intersex people for trial that became public in 2006 when police officers could not tell the sex of a detainee they perceived as a man who had been accused of a violent robbery. They had strip-searched him.
The gains noted in the latest report by the country’s Intersex Persons Implementation Coordination Committee also note the inclusion of intersex concepts in Kenya’s new education curriculum for awareness.
The IPICC falls under the purview of Kenya’s National Commission on Human Rights.
Intersex awareness in schools for recognition and capacity building in the future targets adolescents at the junior secondary level where they are educated on the reproductive system.
Veronica Mwangi, the IPICC’s head of secretariat who spoke to Washington Blade, commended the Office of the Director of Public Prosecutions for introducing the ‘I’ sex marker for intersex people in charging documents.
“We have made gains in the criminal justice but we should not go back to the tendencies where intersex persons only require a lot of attention when it comes to crime. It is a misconception that misses the map,” she said.
Citing a proposed Intersex Persons Bill 2023 currently undergoing public comment before being presented for debate in Parliament, Mwangi believes it envisages more benefits to intersex people.
For instance, the bill proposes access to more comprehensive medical attention for intersex people during surgeries and expensive medical examinations like Karyotype, a DNA and hormonal composition test that costs between $900-$1,000.
The bill would also require medical insurance providers to come up with an affordable, unique package that addresses the needs of intersex people by taking into account the reality of their lived experiences.
“The reality of the matter is you may give birth to an intersex child as a girl but later it turns out to be a boy. Hence the medical package that was given to the girl may not apply to the boy,” Mwangi said.
She added the medical insurance policy should be capable of responding to such changes, since intersex people will always have medical needs that keep shifting.
The bill would also allow intersex people to change their sex marker at any time to reflect their new status after undergoing a comprehensive medical examination and a medical certificate to prove it. The measure would also demand the government to recognize intersex people as a vulnerable group, such as those living with disabilities, women, young people and orphans, in order to more easily access social protection programs.
It would further require employers to consider intersex people for employment and the Kenya Examination Council to support the registration of intersex people’s’ academic documents that indicate their name has changed because of a legal sex change.
The Civil Registration Services, a government agency that documenting all births and deaths, has already been working closely with IPICC to change names on the birth certificates of intersex people to reflect their correct sex for easier access to public services.
Kenya became the first African country to grant equal rights and recognition to intersex people in 2022. It is also the first nation on the continent and the second in the world after Australia to count intersex people in a Census in 2019.
The survey showed 1,524 Kenyans were intersex.
After many years of marginalization and discrimination, the IPICC progress report states that several intersex people for the first time were involved in monitoring Kenya’s August 2022 general election as observers. Other intersex people subjected themselves to the electoral process to be nominated or elected as county assembly representatives, the lowest electoral position, including one in the Kenyan capital of Nairobi.
“This was a bold move and a big achievement because, for the first time in Kenya, intersex persons came out and tested the waters in politics,” Mwangi said.
She cited stigma and fear among intersex people in presenting conflicting documents about their sex to the electoral commission for clearance as the cause of staying away from politics before the enactment of the law that recognizes them. Mwangi urged intersex people to come out and take advance of available opportunities and assistance, since most of them don’t and it becomes hard to reach them.
Since the landmark law came into force in July last year; several psychosocial support groups for intersex persons, their parents and caregivers have been established in the country to offer any necessary assistance that includes counselling. The IPICC has also created a database of intersex people, a text message service and a toll-free number to report cases of discrimination and to advocate on their behalf.
Oct. 26, 2022, also marked the first official event that commemorated Intersex Awareness Day in Kenya.
Africa
Popular gay crossdresser murdered in Nigeria
Area Mama’s body found in Abuja, the country’s capital, on Aug. 8
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Police in Nigeria have confirmed the death of popular gay crossdresser in the country’s capital.
Authorities on Aug. 8 found Area Mama’s body along the Katampe-Mabushi Expressway in Abuja.
Several LGBTQ activists have labeled the 33-year-old’s death as a brutal homophobic murder; his body was found naked with bruises on his face. His appearance on “Living in Abuja with Deka George,” a YouTube podcast, earlier this year has also been linked to his death.
Area Mama during the podcast said he knew he was gay since he was 10. He also disclosed he was a male sex worker whose clients often included high profile people.
He also said his clients sometimes only discovered he was not a woman when they were about to become intimate, noting some did not mind while others walked away. Speculation has grown over one of Area Mama’s clients who could not come to terms with his sexuality after discovering he was man led to his murder.
“Area Mama didn’t harm anyone and no human deserves to be gruesomely murdered for living their truth,” said Rinu Oduala, a human rights activist. “The lifestyle of another person is not an invitation for harassment, discrimination, or murder.”
Intersex Nigeria said it was appalled by Area Mama’s death, and called upon law enforcement officials to expedite their investigations into his murder.
“It is essential that justice is served, not only for the victim and their loved ones but also to restore a sense of security and trust within our communities,” said Intersex Nigeria. “The failure to secure justice in this case would send a dangerous signal that violence and discrimination against marginalized groups is acceptable, thereby making our society unsafe for everyone.”
“Hate should have no place in our society, and it is our collective responsibility to ensure justice must not only be done, but must also be seen to be done,” added Intersex Nigeria.
The Initiative for Equal Rights (TIERs Nigeria) said Area Mama’s murder shows the vulnerability of marginalized groups in Nigeria.
“This tragic loss is a stark reminder of the ongoing threats to the safety of vulnerable groups in Nigeria,” said TIERs Nigeria.
Sadiq Lawal, an LGBTQ rights activist, also condemned Area Mama’s murder.
“Nobody has the right to take a human life, no one has the right to physically abuse anyone or kill them because they disagree with their lifestyle or sexuality,” said Lawal.
Iyanda Ayinde, another LGBTQ and human rights activist, added Nigeria’s LGBTQ community has always been at risk, noting attacks are becoming commonplace.
“Area Mama was brutally murdered, which is terrible. It demonstrates the depth of hatred for those who choose to live differently,” said Ayinde. “The LGBTQ+ community in Nigeria is always in danger. Online, they face threats, harassment, attacks, and bullying. This has to stop.”
“The attacks are getting too common, and it isn’t good,” added Ayinde. “The culprits must be located, and the police must act. Nobody ought to die because they are who they are.”
Authorities on Aug. 4 released Bobrisky, a popular Nigerian transgender woman, from prison after serving a 6-month sentence for flaunting Naira notes, an offense many believe was linked to her gender identity.
Forms of consensual same-sex sexual relations remain illegal throughout Nigeria, and are punishable by up to 14 years in prison. The punishment can be death in states with Sharia law.
Africa
Ghanaian Supreme Court upholds colonial-era sodomy law
Country’s president has yet to sign ally criminalization bill
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The Ghanaian Supreme Court on Wednesday upheld a law that criminalizes consensual same-sex sexual relations.
Media reports indicate a 7-judge panel unanimously dismissed a challenge to the colonial-era law that Prince Obiri-Korang, a professor at the University of Ghana Law School, filed.
“What most Ghanaians don’t know is that this law of ‘unnatural carnal knowledge’ doesn’t have a sexual orientation on it, even though used against gays,” said Rightify Ghana, a Ghanaian advocacy group, on X. “Whether the person is gay or straight, unnatural carnal knowledge means it is illegal to have anal sex or oral sex/blowjob/BJ.”
What most Ghanaians don't know is that this law of "unnatural carnal knowledge" doesn't have a sexual orientation on it, even though used against gays
Whether the person is gay or straight, unnatural carnal knowledge means it is illegal to have anal sex or oral sex/blowjob /BJ https://t.co/GHc2z4Cenu
— Rightify Ghana (@RightifyGhana) July 24, 2024
Liz Throssell, a spokesperson for the U.N. Human Rights Office in Geneva, on Friday issued a statement that also criticized the ruling.
“We deeply regret the decision by the Supreme Court of Ghana to uphold colonial-era provisions of the Criminal Offenses Act that effectively criminalize consensual same-sex relations,” reads the statement. “The court’s ruling on 24 July is especially concerning given reports of a recent spike in violence against LGBTQ+ people in Ghana.”
Ghana is among the African countries in which consensual same-sex sexual relations remain criminalized.
Burkina Faso’s military government earlier this month announced it plans to criminalize homosexuality in the country that borders Ghana. The Namibian government on July 20 appealed a ruling that struck down the country’s apartheid-era sodomy law.
Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that would, among other things, criminalize allyship. Advocacy groups in Ghana and around the world, along with the State Department and U.S. Ambassador to Ghana Virginia Palmer have sharply criticized the measure.
Ghanaian President Nana Akufo-Addo has said he will not sign the bill until the Supreme Court rules on whether it is constitutional or not.
The U.N. Human Rights Office in Friday’s statement notes “the ongoing legal challenges to the Human Sexual Rights and Family Values Bill.” It also highlights U.N. Commissioner for Human Rights Volker Türk has criticized the measure.
“We urge Ghana to uphold its obligations under international human rights law, including in the human rights treaties it has ratified, and to ensure that all people living in Ghana, without exception, are able to live free from violence, stigma, and discrimination,” reads the statement.
Africa
Namibian government appeals ruling that struck down sodomy laws
Advocacy group accuses officials of buying ‘cheap campaign points’
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The Namibian government has appealed a ruling that struck down the country’s apartheid-era sodomy laws.
The country’s High Court last month ruled the statutes are unconstitutional.
The Namibian Broadcasting Corporation reported Justice Minister Yvonne Dausab; Prosecutor General Martha Imalwa; Attorney General Festus Mbandeka; and the Home Affairs, Safety, and Security and Defense Ministries appealed the ruling to the Namibian Supreme Court on July 20.
“The government has given notice that they will appeal the landmark decriminalization ruling to the Supreme Court,” said Omar van Reene, founder of the Namibia Equal Rights Movement, a Namibian advocacy group, on Wednesday in a statement posted to Facebook. “This is done with two motives: 1) to buy cheap campaign points to their minority homophobic base (and) 2) showing that they are fighting against ‘homosexuality’ in the country.”
Namibia gained its independence from South Africa in 1990.
“We know our constitution is clear, that apartheid-era laws have no place in a born-free Namibia,” said van Reene. “So, fear not, dive into community and not into despair. We will win at the Supreme Court, and this will actually only further entrench, solidify and enshrine our constitutional rights.”
Neighboring Botswana and Angola are among the countries that have decriminalized consensual same-sex sexual relations over the last decade.
The Namibian Supreme Court last year ruled the country must recognize same-sex marriages legally performed elsewhere. The landmark decision sparked criticism among leading politicians and religious officials.
Africa
Uganda tightens grip on LGBTQ rights groups
Yoweri Museveni on July 16 dissolved country’s National Bureau of NGOs
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The licensing, operation, and funding of LGBTQ organizations and other human rights groups in Uganda will now be under the government’s strict supervision.
President Yoweri Museveni on July 16 signed the Non-Governmental Organizations (Amendment) Act, 2024, that dissolves Uganda’s National Bureau of NGOs, which regulated the groups. The new law places its work under the Internal Affairs Ministry’s authority.
Museveni assented to bill after parliament passed it in April. MPs accused the NGOs Bureau of impeding the monitoring of NGOs activities, such as the promotion of homosexuality, that violate Ugandan law.
“I want you people (MPs) to be very careful when you are talking about NGOs,” Speaker Anita Among said during the parliamentary debate. “This is where money is being laundered into the country; this is how homosexuality money is coming into the country.”
The MPs noted that allowing the taxpayer-funded NGOs Bureau to operate independently without the State’s close supervision was putting Uganda at risk of losing its national objective of protecting its citizens from what they described as unwanted foreign practices through “funny money” given to LGBTQ rights organizations.
“I am aware of some NGOs that have been operating and doing things that are contrary to our own values and cultures, but I believe police and other agencies have been dealing with those other NGOs,” MP Sarah Opendi, who is a vocal LGBTQ rights opponent, said.
The MPs also backed the move for the NGOs Bureau to be under the Security Ministry’s oversight as “critical” by accusing it of bureaucracy in getting licenses and information. The NGOs regulator, however, does not allow the licensing of LGBTQ lobby groups for promoting homosexuality.
The NGOs Bureau in August 2022 halted the operations of Sexual Minorities Uganda, a group that fights discrimination against LGBTQ people in the country, because it was not registered by it or the Uganda Registration Services Bureau as Ugandan law requires. This decision came despite SMUG’s attempt in 2012 to reserve the name with the Uganda Registration Services Bureau for incorporation but the name was rejected for being “undesirable.”
The NGOs Bureau in stopping SMUG’s operations also noted the group did not have a physical office or location, and its representatives were reluctant to disclose it, despite partnering with the Health Ministry, the Uganda Human Rights Commission, and the Uganda police.
The NGOs Bureau, however, established government institutions that partnered with SMUG were unaware that it operated illegally.
The NGOs Bureau’s move to halt SMUG’s operations “with immediate effect” prompted the group to challenge the decision in a lower court and then the Court of Appeal. SMUG lost both cases.
SMUG Executive Director Frank Mugisha on Thursday, two days after Museveni signed the NGOs law, petitioned the Supreme Court to overturn the Court of Appeal’s ruling against SMUG.
“Today, we filed a case at the Supreme Court of Uganda to challenge the decision by the Court of Appeal rejecting the registration of Sexual Minorities Uganda,” Mugisha stated.
Mugisha, together with two other LGBTQ activists, Dennis Wamala and Ssenfuka Joanita Wary, argue the Court of Appeal judges’ application of the principle of public morality in interpreting constitutional and human rights law in its March 12 ruling was erroneous.
“The learned justices of the Court of Appeal erred in law when they held that the proposed objectives of Sexual Minorities Uganda (SMUG) are criminal and prohibited under Section 145 of the Penal Code Act,” reads the Supreme Court petition.
The three appellants also argue the Court of Appeal judges incorrectly maintained SMUG’s name was “undesirable” and the NGOs Bureau was within its mandates to disallow the registration in the “public interest” under the Companies Act. They also argue the Court of Appeal judges erred when they dismissed their appeal and want the Supreme Court to grant them to fully consider their petition.
“It is proposed to ask the Supreme Court for orders that the decision and orders of the Court of Appeal be set aside and substituted with orders of this honorable court,” reads the petition.
Activists consider the NGOs Bureau and the Uganda Registration Services Bureau’s decision to reject SMUG’s registration a violation of the right to freedom of expression and association.
The appeal of the Court of Appeal’s ruling to the Supreme Court comes on the heels of the appeal of the Constitutional Court’s ruling that upheld the Anti-Homosexuality Act that Museveni signed in May 2023. Mugisha is among the 22 activists who petitioned the Supreme Court to overturn the Constitutional Court’s ruling on July 11.
Africa
Burkina Faso moves to criminalize homosexuality
Justice Minister Edasso Bayala made announcement on July 10
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Burkina Faso has become the latest African country to move to criminalize consensual same-sex sexual relations.
Justice Minister Edasso Bayala on July 10 after a Cabinet meeting said same-sex sexual acts and similar practices would now be prohibited and seen as a violation of the law.
Unlike other countries where lawmakers have to introduce and pass bills, this scenario will likely not be the case in Burkina Faso because the country is currently under military role. Captain Ibrahim Traorè in 2022 led a coup that removed President Roch Kaboré and Prime Minister Lassina Zerbo.
Although some have signaled there still needs to be a parliamentary vote, there will be “legal” ramifications for those who are found to be LGBTQ or advocating for the community.
Consensual same-sex sexual relations or identifying as LGBTQ were regarded as legal in Burkina Faso before the July 10 announcement. Same-sex marriages were — and remain — illegal.
Members of the Transitional Legislative Assembly last September met to discuss regional issues that included the prohibition of and penalization of homosexuality and restricting the creation of groups that advocate on behalf of sexual minorities. The TLA incorporated the suggestions into a report and submitted it to Burkina Faso’s leadership.
Some of the country’s LGBTQ groups and human rights organizations have called upon the current leadership to respect and acknowledge other genders.
“We are all equal in dignity and rights,” said the National Consultive Commission on Human Rights, which is known by acronym CNDH (Commission Nationale des Droits Humains in French), in a statement. “CNDH is fighting against all forms of discrimination based on race gender, religion or social origin.”
“In Burkina Faso, thousands of people suffer from prejudice and injustice every day,” added CNDH. “We must take action. Discrimination weakens our society and divides our communities. Every individual deserves to live without fear of being judged or excluded.”
The organization further stressed “every action counts. Every voice matters.”
“Together we can change mindsets,” it said. “We must educate, raise awareness and encourage respect for diversity.”
CNDH President Gonta Alida Henriette said the government’s decision “would be the greatest violation of human rights in Burkina Faso and would condemn hundreds of thousands of LGBT+ people in Burkina Faso.” Alice Nkom, an African human rights activist, echoed this sentiment.
“Why politicize a privacy matter among consenting adults while making it a crucial topic for Africa? I answer you: Stop spying on your neighbor for the wrong reasons,” said Nkom. “Mind your own life and, if you care about your neighbor, worry about their health, if water is coming out of the tap, if there is electricity in the house, or food to feed their children.”
“Why are they prioritizing the issue of saying no to homosexuality in Africa instead of no wars or armed conflict in Africa, no poverty in Africa, no hunger in Africa, no misery in Africa?,” asked Nkom. “We should stop being distracted by topics that take away nothing and add nothing to our lives.”
Other activists say the proposal would expose the LGBTQ community and its allies to imprisonment and other punishments. They say the repercussions would go beyond legal implications; making human rights and sexual minority activists more vulnerable to criminal action, persecution, and arbitrary arrests.
Africa
Cameroon president’s daughter comes out
Brenda Biya acknowledges relationship with Brazilian model
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The daughter of Cameroonian President Paul Biya has come out as a lesbian.
Brenda Biya, 26, on June 30 posted to her Instagram page a picture of her kissing Brazilian model Layyons Valença.
“I’m crazy about you and I want the world to know,” said Brenda Biya.
Her father has been Cameroon’s president since 1982.
Consensual same-sex sexual relations remain criminalized in the Central African country that borders Nigeria, Equatorial Guinea, Gabon, the Republic of Congo, the Central African Republic, and Chad. The State Department’s 2023 human rights report notes harassment, discrimination, violence, and arbitrary arrests of LGBTQ people are commonplace in the country.
Brenda Biya is a musician who does not live in Cameroon.
The BBC reported she told Le Parisien, a French newspaper, in an exclusive interview published on Tuesday that she and Valença have been together for eight months. The women have also traveled to Cameroon together three times, but Brenda Biya did not tell her family they were in a relationship.
Brenda Biya said she did not tell her family that she planned to come out, and they were upset when she did. Brenda Biya told Le Parisien that her mother, Cameroonian first lady Chantale Biya, asked her to delete her Instagram post.
The Washington Blade on Thursday did not see the picture of Brenda Biya and Valença on her Instagram account.
“Coming out is an opportunity to send a strong message,” Brenda Biya told Le Parisien.
Brenda Biya described Cameroon’s criminalization law as “unfair, and I hope that my story will change it.”
Activists applauded Brenda Biya for coming out. The BBC reported the DDHP Movement, which supports Cameroon’s anti-LGBTQ laws, filed a complaint against her with the country’s public prosecutor.
Africa
Ugandan activists again appeal ruling that upheld Anti-Homosexuality Act
Country’s Constitutional Court in April refused to ‘nullify’ law
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A group of LGBTQ activists in Uganda on Thursday once again appealed a ruling that upheld the country’s Anti-Homosexuality Act.
President Yoweri Museveni in May 2023 signed the law, which contains a death penalty provision for “aggravated homosexuality.”
The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.
The Ugandan Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.” Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who appealed the ruling to the country’s Court of Appeal on April 16.
A picture that Mugisha posted to his X account on Thursday notes he, along with Nabagesara, are two of the 22 activists who filed the latest appeal with the Supreme Court, which is the country’s highest court.
“Today, we have filed an appeal in the Supreme Court of Uganda to overturn the Constitutional Court decision that upheld the Uganda Anti-Homosexuality Law,” said Mugisha.
Today, we have filed an appeal in the Supreme Court of Uganda to overturn the Constitutional Court decision that upheld the Uganda Anti Homosexuality Law.🇺🇬🏳️🌈. pic.twitter.com/ToNraV5iQ3
— Dr. Frank Mugisha (@frankmugisha) July 11, 2024
Africa
LGBTQ Kenyans join protests against controversial tax bill
More than 40 people killed after protesters stormed parliament on June 25
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Queer Kenyans have braved the risks of homophobic attacks and joined young people in the nationwide protests against the government’s proposed tax hikes on bread and other essentials.
The protests, which started mid-last month before the National Assembly on June 25 passed the country’s controversial Finance Bill 2024, have been led by the country’s Gen Z and millennial populations.
The nationwide protests, which culminated with angry mobs storming parliament when the bill passed, have also drawn LGBTQ Kenyans who have marched with Pride flags alongside other protesters with the national flag. The queer protesters, however, stopped carrying the rainbow flags out of fear of anti-LGBTQ attacks after other protesters warned the presence of the Pride flag threatened to spur a serious backlash from parents, clerics, and government loyalists who oppose the championing of homosexuality, which Kenyan laws criminalize.
President William Ruto, who defiantly pushed for the enactment of the bill to raise more revenues to implement projects, bowed to pressure from the protesters and the international community and declined to assent to the proposed law. This decision followed the ugly scenes on June 25 after riot police responded to the peaceful protesters with force that left more than 40 people dead and more than 300 others injured from live bullets, massive looting, and destruction of property.
GALCK, which is a coalition of 16 LGBTQ rights groups, while supporting the anti-tax protests and the participation of their members stated that the Finance Bill “disproportionately burdens Kenyans and threatens our most vulnerable communities including the LGBTQ+ individuals.”
“For LGBTQ+ Kenyans who often face additional healthcare challenges, these taxes pose a significant barrier,” GALCK said in a statement.
The group reiterated that introducing taxes on digital content creation on which the majority of Kenya’s unemployed youths rely as a source of income would have also severely impacted the LGBTQ organizations and activists who depend on online platforms for advocacy and awareness campaigns.
“This stifles crucial efforts to address systemic inequalities faced by the LGBTQ+ community,” GALCK noted.
GALCK also stated the government’s proposed tax hikes on transaction costs for bank and mobile money transfers through the Finance Bill would have impacted LGBTQ people in need of emergency support and smooth flow of funds within the queer community.
Regarding the government’s proposal that would have allowed the country’s tax collector, the Kenya Revenue Authority, to freely access crucial information from people regardless of the existing data protection laws, GALCK noted the move would have amounted to a serious privacy violation to the LGBTQ organizations, activists, and donors.
“This bill is not just about the proposed tax hikes, it is about basic rights and the future of Kenya,” GALCK affirmed. “As GALCK, we will continue protesting and raising awareness until our voices are heard. Together, we can build a safe and sustainable country for all of us.”
Although GALCK has expressed its condolences to the families of protesters killed during the nationwide protests, it has thus far not reported any queer person killed or injured, even as a memorial concert in honor of the more than 40 victims was held last Sunday at Uhuru Park in Nairobi, the Kenyan capital.
The Initiative for Equality and Non-Discrimination (INEND), an LGBTQ+ rights group, has also been instrumental in ensuring both the queer and non-LGBTQ protesters stay safe and healthy during and after protests by sharing informative tips.
INEND, for instance, informed the protesters on the need to bathe to get rid of teargas and other chemical compounds that riot police threw at them, residual dust, and sweat for healthy skin. The group also advised protesters to drink a lot of water to (re)hydrate their bodies, get enough rest after the protest, seek immediate medical care when injured, and receive psychological support.
“Once rested, movements (protesters) should regroup in a day or two to discuss follow-up steps for arrested members, successes or setbacks of the protest, opportunities created for movement-building and the next strategies involving media appearances, following up with institutions, social media campaigns, another protest, and suchlike activities,” INEND stated.
The nationwide protest movement, which is organic, has mostly been mobilized by social media influencers and human rights activists but with no de facto leaders. It is, therefore, difficult for authorities to deal with it and they have resorted to arbitrary arrests and abductions.
Africa
Transgender woman kidnapped, sexually assaulted in Zimbabwe
Sunflower Sibanda released on July 3, found refuge at LGBTQ group’s offices
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A transgender woman in Zimbabwe who was kidnapped late last month has been found alive.
Chayelle Cathro, a missing persons investigator, said Sunflower Sibanda was last seen at the Eclipse nightclub in Harare, the country’s capital, with an unknown assailant on June 28.
Sibanda, who lives in Bulawayo, the country’s second largest city that is roughly 288 miles from Harare, reserved an Airbnb in the capital’s Avonlea neighborhood before she went to the club.
“Sunflower was last spotted at Eclipse club in the inner city by multiple confirmed sources,” said Cathro. “She left the club with an unidentified man who was allegedly taking her to her reserved Airbnb in Avonlea. However, the Airbnb hosts confirmed that she never checked in.”
Cathro said two of Sibanda’s friends began to search for her on June 29 “when she did not make an appearance at an event she was meant to attend.” They looked for her at the Airbnb and then went to the police station and the nightclub “where guards confirmed that there was no unusual activity the previous night.”
They ended their search at Parirenyatwa Hospital, “where they checked the emergency room, resuscitation, and specialist services.”
Sibanda on July 3 was dumped in a remote area along Bulawayo Road in the Harare suburb of Norton. She then walked 29 miles to GALZ (an Association of LGBTI People in Zimbabwe)’s offices where her family in a press release said she spent the night.
“She never checked in as she was abducted, taken advantage of, and left in a remote area after a night out with friends,” said her family. “She was abducted by someone claiming he would take her to the Airbnb when she was inebriated. He did not take her home but instead robbed and sexually assaulted her.”
“Sunflower is currently receiving support and assistance during this difficult time from loved ones, and has already received medical support,” added her family. “We shall respect her privacy and journey towards healing at the same time while wishing her the best moving forward. It has been a very difficult time for everyone but we are all relieved to have her back home.”
Samuel Matsikure, a Zimbabwean human rights activist, said it was a huge relief that Sibanda had been found.
“As a citizen and someone I have learned to love I am humbled by the response from the country and worldwide,” said Matsikure
Sibanda’s friend, who asked to remain anonymous, echoed Matsikure.
“I am incredibly relieved and grateful to share that Sunflower has been found and is safe. I know many of you have questions about how, where, and with whom she was found, and I understand the concern and curiosity,” said the friend. “However, what’s most important right now is that she is in safe hands.”
“I invite everyone to continue holding space for her as she recovers,” they added. “Rest assured, any necessary information will be shared in due time.”
Section 73 of Zimbabwe’s Criminal Law (Codification and Reform) Act on sexual crimes and crimes against morality states “any male person who, with the consent of another male person, knowingly performs with that other person anal sexual intercourse, or any act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act, shall be guilty of sodomy and liable to a fine, up to a year in prison or both.”
Discrimination and violence based on sexual orientation and gender identity remains commonplace in Zimbabwe.
A handful of people last month stormed GALZ’s offices and spray painted homophobic graffiti on the walls. The assailants also made anti-gay slurs.
Africa
Malawi’s Constitutional Court declines to legalize same-sex relationships
Binational couple brought case in 2023
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Human rights organizations in Malawi have criticized the country’s Constitutional Court over its June 28 ruling that declined to legalize same-sex relationships.
Wim Akster, a Dutch national, and Jana Gonani, a local transgender woman, through their lawyers last year approached the Constitutional Court over the legalization of consensual same-sex relations under the penal code, which criminalizes so-called acts of “carnal knowledge against the order of nature and gross indecency” with a maximum penalty of 14 years in prison with corporal punishment for both men and women.
The Constitutional Court heard the case and issued its ruling on June 28.
“We echo the concern voiced regarding the recent Malawi Constitutional Court ruling on consensual same-sex sexual conduct,” said U.N. Human Rights Southern Africa. “We urge the government to protect and stand up for the human rights of vulnerable groups, including LGBTQ+ persons, by ensuring domestic laws align with international obligations.”
Khanyo Farise, Amnesty International’s deputy regional director for East and Southern Africa, described the ruling as a bitter setback for human rights in Malawi.
“The court’s decision to keep these discriminatory laws on the books is a bitter setback for human rights in Malawi. The ruling manifestly flies in the face of Malawi’s constitution, the African Charter and international human rights law, which all clearly prohibit discrimination,” said Farise. “It also makes Malawi an outlier in Southern Africa, where most countries have decriminalized consensual same-sex sexual conduct.”
Farise added “the court’s refusal to overturn these laws means LGBTI persons in Malawi will continue to face discrimination and persecution simply for who they love.”
“In particular, this ruling translates to continued barriers in access to healthcare and other social services for LGBTI persons,” said Farise. “Amnesty International stands with all LGBTI people in Malawi, who deserve the right to live their lives with dignity and full humanity. We also demand that authorities ensure their safety in the face of threats of violence.”
U.N. Human Rights said the provisions of the Malawian penal code that criminalize consensual same-sex sexual relations should be repealed.
“The Constitutional Court’s ruling upholding the criminalization of consensual same-sex conduct is deeply disappointing and contrary to the country’s own international human rights obligations,” it said. “The anti-gay law must be repealed and the rights of LGBTQ+ people protected.”
LGBTQ activists in Malawi say the recent surge in demonstrations and actions against the community that traditional and religious leaders have organized have raised serious concerns about the protection of human rights and the principles of equality and nondiscrimination.
“Homophobic sentiments are leading to higher rates of mental health issues, unemployment and homelessness,” said the Nyasa Rainbow Alliance. “It takes no compromise to give people their rights. It takes no money to respect the individual. It takes no political deal to give people freedom. It takes no survey to remove repression.”
“Gay people are born into and belong to every society in the world,” added the group. “They are of all ages, races, and faiths. They are doctors, teachers, farmers, bankers, soldiers, athletes, and whether we know it or we acknowledge it, they are our family, our friends, and our neighbors.”
Media reports indicate human rights organizations are considering an appeal of the ruling.
The Namibian High Court last month decriminalized consensual same-sex relations. Mauritius last year declared Article 250 of the country’s penal code that criminalized consensual same-sex sexual relations as unconstitutional following a four year legal battle that Abdool Ridwan Firaas (Ryan) Ah Seek, president of Arc-en-Ciel, the country’s largest LGBTQ rights group, initiated.
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