The Ghanaian Supreme Court on Wednesday dismissed challenges to a bill that would further criminalize LGBTQ+ people and penalize allyship.

Lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. Two lawyers, Amanda Odoi and Richard Sky, challenged it.

Outgoing President Nana Akufo-Addo had previously said he would not sign the bill into law until the Supreme Court issued its ruling. His successor, President-elect John Dramani Mahama, will take office on Jan. 7.

Secretary of State Antony Blinken on Dec. 10 honored Ebenezer Peegah, executive director of Rightify Ghana, a Ghanaian LGBTQ+ advocacy group, and six other human rights activists from around the world during a ceremony at the State Department.

Blinken noted the pending Supreme Court ruling — and discrimination and violence that LGBTQ+ Ghanaians continue to face — before he presented Peegah with the Secretary of State’s Human Rights Defender Award.

“In Ghana, vigilante groups use social media platforms to organize mobs to attack LGBTQI+ people, as well as to entrap, to blackmail, to harass them,” said Blinken. “As these attacks increase, Ghana’s Supreme Court is considering legislation that would criminalize people for identifying as LGBTQI+, as well as threaten Ghanaians’ constitutionally protected freedoms of speech, press, and assembly.”  

Kenyan queer rights organizations have welcomed the sentencing of a freelance photographer to 50 years in prison for murdering prominent LGBTQ+ activist and fashion designer Edwin Chiloba nearly two years ago

Justice Reuben Nyakundi on Monday sentenced Jacktone Odhiambo, 25, Chiloba’s partner, after the Eldoret High Court in western Kenya two weeks ago found him guilty of murder.

The 2-year trial, which comprised evidence from 23 witnesses and DNA tests the prosecution presented that placed him at the scene of the crime on New Year’s Day in 2023. Chiloba had disappeared and his body was found stuffed in a metal box that had been dumped along the side of a road. 

The court was told that Chiloba and Odhiambo were last seen together at Tamasha Club in Eldoret on the night of Dec. 31, 2022, only for the deceased’s decomposing body to be discovered three days later. His brutal murder sent shockwaves through the LGBTQ+ community in Kenya and attracted both local and international condemnation and calls for the conviction of perpetrators.

Nyakundi in his sentencing ruling noted the prosecution provided evidence beyond a reasonable doubt and described the brutal murder of Chiloba, 25, as “premeditated, malicious, and aggravated homicide.”

“The footprints of the murder are all traceable to the accused (Odhiambo),” Nyakundi said.

The judge noted Odhiambo showed no respect for the sanctity of life and Chiloba’s brutal killing left a void that cannot be filled.

Odhiambo became the prime suspect after three other accused people were freed due to a lack of evidence linking them to the murder.    

Johansen Oduor, the government pathologist who conducted Chiloba’s autopsy, told the court during the trial that the victim had been smothered to death using six pairs of socks stuffed into his mouth and his face was wrapped with a piece of denim.    

Despite overwhelming evidence linking Odhiambo to the murder, the court noted the accused did not show any remorse for his actions during the trial and described him as a “vengeful person.” This lack of remorse influenced the severity of his 50-year sentence, even though he fell and wailed after the judge sentenced him.

“The accused deserves the death penalty, which is not implemented in Kenya,” Nyakundi ruled.

Kenya’s Office of the Director of Public Prosecutions acknowledged the judge’s verdict, noting the death sentence “would have been unnecessary” because the country has not executed anyone on death row since 1987. The death penalty, however, has not been abolished from Kenyan criminal laws for offenses like murder, robbery with violence, treason, mutiny, and other crimes. 

There have been calls by human rights groups, such as the International Commission for Jurists-Kenya, for Kenya to abolish the death penalty. A bill in parliament would repeal the death penalty.

Additionally, Nyakundi could not sentence Odhiambo to life in prison, which the ODPP also noted as “undesirable” because of the uncertainty surrounding offences that constitute a death sentence.  

The National Gay and Lesbian Human Rights Commission in response to Odhiambo’s sentencing said it marks a significant step toward justice for Chiloba, his family, and all LGBTQ+ people in Kenya, Africa, and around the world.

“This verdict marks a long-awaited moment of accountability, offering a glimmer of justice for Edwin and a reminder that no act of violence against any LGBTQ+ resident of Kenya will go unchallenged or unchecked,” NGLHRC stated.

NGLHRC also remembered Chiloba as a fondly celebrated, vibrant young queer activist, and budding fashion model whose promising future was robbed from him. NGLHRC added his murder also sent a chilling message of fear and injustice to marginalized queer Kenyans.  

“We continue to call on the Kenyan government, law enforcement agencies, and the judiciary to strengthen their commitment to addressing violence against LGBTQ+ residents of Kenya as espoused and guided by Resolution 275 of the African Charter on Human and People Rights,” NGLHRC stated.

The Initiative for Equality and Non-Discrimination, a local queer rights group, acknowledged the court’s 50-year sentence for Odhiambo “deemed appropriate for the gravity of the offense.” INEND also applauded NGLHRC and other queer organizations for “pursuing justice for our sibling Chiloba” in the corridors of justice without relenting.

Former Ghanaian President John Dramani Mahama from the opposition National Democratic Congress has won Saturday’s general elections, defeating current Vice President Mahamudu Bawumia of the New Patriotic Party.

The NDC before the election had pledged its support for the Human Sexual Rights and Family Values Bill, which would further criminalize LGBTQ+ people and those who support them.

The bill, which MPs approved in February, has yet to be signed by outgoing President Nana Akufo-Addo because of a ruling the Supreme Court is expected to issue on Dec. 18. Richard Dela Sky, a journalist and private lawyer, challenged the law in March.

The NDC, NPP and other parties used recognition of LGBTQ+ rights to persuade Ghanaians to vote for them. Mahama during a BBC interview last week said LGBTQ+ rights are against African culture and religious doctrine.

Berinyuy Hans Burinyuy, LGBT+ Rights Ghana’s director for communications, said homophobic attacks and public demonstrations increased during the campaign.

“The passage of the Human Sexual Rights and Family Values Bill into law will institutionalize State-sanctioned discrimination and violence against LGBTQ+ individuals, leaving little to no legal recourse for those affected,” said Burinyuy. “The climate of fear and uncertainty that has gripped Ghana’s LGBTQ+ community cannot be overstated.”

“While the political atmosphere remains hostile, there is still hope that the Supreme Court will rule in favor of human rights and constitutional protections,” added Burinyuy. “Should the court strike down the bill, it will be a significant victory for LGBTQ+ rights and a blow to the growing wave of homophobia that has swept the country.”

Awo Dufie, an intersex person and cross-dresser, said the LGBTQ+ community is going to be at increased risk under the NDC-led government because it supports anti-LGBTQ+ rhetoric.

“Mahama supported the anti-LGBT bill as well as the arrest and prosecution of human rights defenders,” noted Dufie. “Politicizing queer rights as a distraction actually started under Atta Mills (the-late president of Ghana) and the NDC government in 2011, and it was an NDC MP (Sam George) who furthered this in 2021 vocalizing support for the anti-LGBT bill.”

Dufie added Ghanaians “voted out a worse corrupt government who had no respect for human rights, and brought in a former corrupt president who has also promised to not respect human rights.”

Activism Ghana, another LGBTQ+ rights group, said the attacks against LGBTQ+ Ghanaians are a series of political ploys designed to win votes as opposed to accelerating development.

“Hate the gays, win the votes, and when they win and fail to deliver development and prosperity, they scapegoat the gays to take away attention from real problems,” said Activism Ghana.

Secretary of State Antony Blinken on Monday congratulated Mahama’s election, and noted Naana Jane Opoku-Agyemang will become the country’s first female vice president.

“The United States commends the Electoral Commission, its hundreds of thousands of poll workers, civil society, and the country’s security forces, who helped ensure a peaceful and transparent process,” said Blinken in a statement. “We also applaud Vice President Mahamudu Bawumia for his gracious acceptance of the results.”

Mahama’s inauguration will take place on Jan. 7.

Advocacy groups continue to urge Akufo-Addo to veto the Human Sexual Rights and Family Values Bill or amend sections that further criminalize LGBTQ+ people and allies.

Cape Town last month secured enough votes to host WorldPride in 2028.

The bidding process, which started in late October, took place in Medellín, Colombia, where the Guadalajara (Mexico) Pride and WorldPride Cape Town bidding teams contended for the rights to host WorldPride. InterPride, which organizes the event, on Nov. 8 officially declared Cape Town the host of WorldPride 2028.

It will be the first time WorldPride will take place in an African country.

South Africa is the only country on the continent that constitutionally recognizes LGBTQ+ rights. South Africa, as a result, in recent years has seen a surge in the number of LGBTQ+ asylum seekers from Africa and around the world.

Reacting to the historical precedence, Cape Town Pride said it was now time for Africa to shine and acknowledged the WorldPride Cape Town bidding team and the city of Cape Town for their role in the bidding process.

“This is a first for the whole continent of Africa,” said Cape Town Pride CEO Tommy Patterson. “A few weeks ago, in Medellín, Cape Town Pride, the city of Cape Town, and the bidding team presented our bid. The team did a wonderful job and we all forged great friendships and allies from Pride groups all over the globe.”

“Cape Town Pride is thrilled by the news and support shown by the global LGBTI+ family,” added Patterson.

Michael Gladwin of the WorldPride Cape Town bidding team echoed Patterson’s excitement.

“This will mark the first time WorldPride is held on the African continent, and we couldn’t be more excited to welcome the global LGBTQ+ community to our beautiful city,” said Gladwin. “A heartfelt thank you goes out to all our incredible partners who supported this journey. Together, we will showcase Cape Town as a beacon of inclusivity and diversity.”

Gladwin also congratulated Guadalajara Pride for their bid.

“Their commitment in promoting LGBTQ+ rights is inspiring, and we look forward to collaborating in the future,” said Gladwin.

Cape Town’s LGBTQ+ community is celebrating the successful bid, while others in the city have criticized it.

Rev. Oscar Bougardt, founder and lead pastor of the Calvary Hope Baptist Church, described WorldPride as “garbage” and “filth” that should be condemned.

“I am happy to say I am amongst the pastors in Cape Town who are in opposition and are outraged at this garbage planned for 2028,” said Bougardt. “The city of Cape Town and LGBTQ+ organizations planned this event without consulting rate payers, this bid was done in secret and taxpayers’ money will be used to fund this filth.”

“Just as the LGBTQ + organizations have the right to host WorldPride 2028, we have the right to say we don’t want it in Cape Town,” he added. “I pray more church leaders will stand up against the planned WorldPride 2028. To church leaders and parents, this is the time to unite and tell the city of Cape Town and LGBTQ+ organizations that we are disgusted at the planned event. Untied we stand and divided we will fall!”

Kaohsiung, Taiwan, in 2022 won the bid to host WorldPride 2025, but the local planning committee withdrew it amid a dispute with InterPride. WorldPride 2025 will take place in D.C. from May 17-June 8, 2025.

The 2024 ILGA World Conference took place last month in Cape Town.

A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.

The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”

“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”

The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.

“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.

The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”

Consensual same-sex sexual relations remain criminalized in Uganda.

President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.” LGBTQ+ activists continue to challenge the law.

Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”

Four young men have been beaten and chased out of a Nigerian city after they were found engaging in consensual same-sex sexual activity.

An angry mob paraded the four men, who were only wearing boxing shorts, down Nomayo Street in Benin City, the capital of Edo state, on Nov. 17. One of them had a visible deep cut on his forehead as a result of the beating.

The mob threatened to kill them if they were to return to the city. It also questioned why they were “into” homosexuality when there were many women in the area.

Samson Mikel, a Nigerian LGBTQ+ activist, said the attack was misdirected anger.

“Benin City is one of the backward places in Nigeria and a dorm for scammers and other crimes, the people are proud of their roughness, they are never concerned about these other crimes or how the government is impoverishing them, but will light gay men on fire the moment they think,” said Mikel. “All they want is to live and experience love. They are not the cause of the economic meltdown in the country, neither are they the reason why there are no jobs in the streets of Nigeria.”

Attacks like the one that happened in Benin City have been happening across Nigeria — the latest took place in Port Harcourt in Rivers state last month.

Section 214 of the Criminal Code Act on Unnatural Offenses says any person who has “carnal knowledge of any person against the order of nature, or has carnal knowledge of an animal, or permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony” and could face up to 14 years in prison.

Several LGBTQ+ people and activists have been arrested under Section 214.

In some cases they are murdered with law enforcement officials showing little to no interest in investigating, such as the case of Area Mama, a popular cross-dresser whose body was found along the Katampe-Mabushi Expressway in Abuja, the Nigerian capital, in August.

The Initiative for Equal Rights, a Nigerian advocacy group, said the federal government should take concrete steps to protect the rights of all Nigerians.

“For many, especially LGBTQIA+ individuals, women, and those within the Sexual Orientation Gender Identity, Expression and Sexual Characteristics (SOGIESC), community, freedom remains a distant goal. Discrimination, violence and human rights violations are daily realities,” said TIERs Nigeria. “Despite the progress we have made, the journey towards justice is long, but our voices remain unwavering.”

TIERs Nigeria also called upon the federal government to repeal the Same Sex Marriage (Prohibition) Act 2014, to respond to the African Commission’s recommendation to review laws that criminalize rights of assembly and association, and to enact laws and policies that discourage hate speech and other actions that incite discrimination against LGBTQ+ people.

Many Nigerians vehemently oppose public discussions about LGBTQ+-specific issues because of religious and cultural beliefs.

A number of local and international human rights organizations have advised the federal government to prioritize the rights of everyone in Nigeria, including those who identify as LGBTQ+. There is, however, little hope that Nigerian officials will do this anytime soon.

Consensual same-sex sexual relations remain punishable by death in states with Sharia law. Those who advocate for LGBTQ+ rights in these areas could also face a similar fate.

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 “Advocacy Mtaani” or “Advocacy at the Grassroots” 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 “boda boda” or “public motorbike riders” on Oct. 29. The Mombasa group received umbrellas to shield drivers and passengers alike from the sun and rain.

“We distributed umbrellas in various ‘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,” INEND, headed by Executive Director Essy Adhiambo, stated.     

INEND has also launched a comic strip, “Davii and Oti,” 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.

“This awesome queer comic focuses on what is often misused as an argument against the LGBTQ+ community in Kenya; family values, African culture, and traditions,” 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.  

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.

“These trainings come in a critical moment when we have witnessed an uptick in online gender-based violence especially towards LGBTQ+ folks,” INEND noted. 

The trainings aimed at creating safe digital spaces for “structurally silenced women and queer persons” 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 “Access to Justice” 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 “fairer and more inclusive legal system” that upholds the dignity of all. 

The training followed INEND’s launch of a new report in July titled “Transforming Perceptions” that accesses the impact of their sensitization engagements with 53 judges and magistrates in 2022 on queer rights protection. 

“The results offered a glimpse of hope for a more inclusive justice system,” the report states. “Over 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.” 

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.

“This 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,” Pema Kenya stated. 

Mali’s Transitional National Council on Oct. 31 adopted a draft penal code that would criminalize acts of homosexuality.

Minister Mamoudou Kassogué after the TNC meeting said any person who advocates or engages in same-sex relations will be prosecuted.

“There are provisions in our laws that prohibit homosexuality in Mali,” he said. “Anyone engaging in this practice, promoting or apologizing for it, will be prosecuted. We will not accept that our customs and values ​​are violated by people from elsewhere.”

Nginda Nganga, an African LGBTQ+ rights activist, said the Malian government should not be concerned about other people’s sexual orientation.

“LGBTQI+ people have always existed, and they always will. It’s a human rights issue, and honestly, I have never understood why some are so concerned about others’ personal choices and private lives,” said Nganga. “It’s strange.”

Eugene Djoko, another African rights activist, said deterring and monitoring one’s sexual orientation will not solve the country’s problems.

“According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, however, restraining personal liberties is not how you will fix the country’s problems,” said Djoko.

Amnesty International in its 2023/2024 report said violence and discrimination against people based on descent remained prevalent in Mali. The report highlighted several killings based on this type of discrimination.

Although Mali does not recognize same-sex marriages, the country’s constitution and penal code does not criminalize consensual same-sex sexual relations or LGBTQ+ identity. The TNC’s Oct. 31 vote, however, will change the situation for the country’s LGBTQ+ community, even though President Assimi Goïta has not approved them.

The LGBTQ+ community before the Oct. 31 vote already faced a lot of stigma, especially from fellow Malians.

Mali is largely an Islamic country, and Sharia law does not tolerate same-sex sexual relations. The majority of Malians view homosexuality as a Western import.

People in some regions who are found to be part of the LGBTQ+ community can face punishments that range from so-called conversion therapy to amputation, flogging, and even death. Many LGBTQ+ Malians and those who advocate on their behalf remain in the closet or work behind closed doors. Some have opted to leave Mali and seek refuge in countries that protect LGBTQ+ rights.

The actual ramifications of Kassogué’s statements as they relate to consensual same-sex sexual relations or LGBTQ+ advocacy in the country remain unclear.

Arrests of LGBTQ+ people or activists on the basis of sexual orientation are rare, but Malian society tends to handle them under the guise of religious and cultural beliefs as opposed to a law enforcement issue. Law enforcement officials cite acts of indecency when they arrest those who identify as LGBTQ+ or activists.

Goïta, for his part, has yet to explicitly make any public comment on LGBTQ+-specific issues. He has, however, often spoke about his support for Islamic and African values.

A Kenyan court has awarded two gay men charged with “unnatural sex” for engaging in consensual sexual relations a total of Sh4 million ($31,000) in compensation.

This is after the Magistrates Court in the coastal city of Mombasa ruled the authorities violated the men’s rights in obtaining evidence.

During the arrest, the two men were forcefully subjected to genital examination and HIV tests against their constitutional rights to privacy and the rights of an arrested person, including being allowed to speak with a lawyer.

Section 162 of Kenya’s penal code criminalizes consensual same-sex relations with a 14-year jail term. Prosecutors wanted the court to find the two gay men, who were arrested in 2021, guilty of the offense.

In a ruling issued on Oct. 24, the court, while awarding each of the men Sh2 million ($15,600) in compensation, faulted prosecutors’ unlawful extraction of evidence.

The Center for Minority Rights and Strategic Litigation, a local LGBTQ+ rights organization, last year petitioned the court not to admit the evidence for having been obtained unlawfully, to stop the hearing, and for the accused to be compensated.   

In the petition, CMRSL cited infringement on the gay men’s right to human dignity: A ban on cruel, inhuman, or degrading treatment, the rights to privacy and a fair trial, rights of an arrested person, and violation of their freedom and security as the constitution and international law mandates.

“This provision (Section 162 of the penal code) has historically been used by the State to target and harass LGBTQ+ persons based on their gender identity and sexual orientation,” CMRSL Legal Manager Michael Kioko told the Washington Blade.

The High Court in 2019 declined to decriminalize sections of the penal code that ban homosexuality in response to queer rights organizations’ petition that argued the State cannot criminalize consensual same-sex sexual relations between adults. The constitutionality of laws that criminalize homosexuality is still contested in the appeals court, based on the argument they infringe on the rights to privacy and human dignity.

CMRSL termed the latest ruling “a crucial step toward dignity and human rights for all” while noting that the case was critical in its legal representation efforts to protect the fundamental rights of queer people in Kenya. 

The Oct. 24 decision affirms the Mombasa appeals court’s 2018 ruling that struck down the use of forced anal testing in homosexuality cases by terming it as unlawful. Kenya’s National Gay and Lesbian Human Rights Commission brought the case.

The appeals court verdict stemmed from a 2015 case where police in Mombasa obtained a court order to force two gay men to undergo anal examinations and HIV testing at a local clinic after authorities arrested them and charged them with unnatural sex.

NGLHRC, in challenging the court order, argued forced anal examinations are cruel, inhuman, degrading, and breached local and international medical ethics and human rights. 

The latest ruling exonerating the two gay men from prosecution is among numerous cases in which CMRSL has represented queer people in court to defend and protect LGBTQ+ rights in the country.

The case against a gay man in Mombasa charged with an unnatural act (a same-sex affair) and represented by CMRSL in court saw the matter dropped last September. The court last June acquitted transgender women in Lamu charged with committing gross indecent acts between males against provisions of the penal code.

CMRSL represented the trans women.

The group has deployed community paralegals and field monitors to monitor, document, and report queer rights violations. 

“They (field monitors) work closely with LGBTQ+ community paralegals to link survivors to justice by providing legal support and connecting those to pro bono lawyers and legal aid services,” Kioko said. “On average, our monitors handle around 10 cases each month, ensuring that violations are addressed and survivors receive the necessary legal pathways to seek justice.”  

CMRSL in partnership with several queer lobby groups, is also challenging the Kenya Films Classification Board in court for banning a movie titled “I Am Samuel” on the pretext it contained gay scenes that violate Kenyan law.

The Kenya Films Classification Board in 2018 also banned the “Rafiki” because it contains lesbian-specific content. Petitioners who challenged the ban in court argue the decision violates freedom of expression and other constitutional provisions.

The queer community in Kenya has condemned the government’s policy of discriminating against LGBTQ asylum seekers, and has launched a petition that challenges it.

The community, through an All Out petition drive, accuses Kenya’s Department of Refugee Services of putting queer asylum seekers at more risk of “persecution, violence, and exploitation” by not recognizing them as afflicted refugees.

The action is in response to Refugee Affairs Commissioner John Burugu’s comments in an interview last month where he said Kenya would not consider persecution based on sexual orientation or gender identity as a direct pass to asylum.

Burugu during a telephone interview said “we are not interested in anyone’s sexual identity,” and his department will not be convinced that persecution based on sexual orientation or gender identity is sufficient grounds for admission as an asylum seeker or refugee.

The Kenya 2021 Refugees Act, which governs Burugu’s department in the admission of refugees and asylum seekers in the country, does not explicitly recognize queer people among vulnerable individuals fleeing persecution. The law only recognizes refugees or asylum seekers as people who are persecuted based on race, religion, nationality, political opinion, or membership of a social group. 

Opposition MP George Kaluma’s proposed anti-homosexuality law also seeks the expulsion of LGBTQ refugees and asylum seekers from Kenya.   

“Decision-makers like the Department of Refugee Services and UNHCR Kenya are failing to uphold international human rights standards while the media and major NGOs remain silent,” reads the petition.

It notes the exclusion of LGBTQ refugees has left the majority of them vulnerable to more trauma and isolation.

They can wait up to a decade for the department to issue a decision on their asylum applications. It typically takes 12 months to process asylum applications in Kenya.

The petitioners note this delay has also increased violence, discrimination, and persecution of queer asylum seekers by the public and government authorities without any legal protection.   

“Historically, Kenya provided refuge for LGBTQ+ people fleeing danger, but the situation has worsened dramatically since 2017,” reads the petition. “From 2017, the government refused to process LGBTQ+ asylum claims, forcing over 400 people to flee to South Sudan in search of safety.”

This change is due to the U.N. Refugee Agency’s handing over the processing of asylum applications in Kenya to the government under the Department of Refugee Services in 2016. 

UNHCR has admitted to slowing the processing of queer asylum seekers’ applications since surrendering the duty to the Kenyan government. It has asked the Department of Refugee Services to resolve the problem.

More than 200 people have signed the petition, which organizers hope to present to Kenyan and international human rights bodies that include UNHCR Kenya, the Department of Refugee Service, the Kenya Human Rights Commission, the National Gay and Lesbian Human Rights Commission, and the Refugee Consortium of Kenya. Other groups include the UNHCR High Commissioner in Geneva, U.N. Secretary-General António Guterres, Amnesty International, the International Organization for Migration, and the Church World Service.     

The petitioners want the bodies to “take immediate action” to protect LGBTQ asylum seekers in Kenya against discrimination and exclusion, noting it not only violates queer peoples’ basic human rights, but disregards Nairobi’s obligations under international law, including the 1951 Refugee Convention.  

“As key decision-makers, you have the power to reverse this exclusion and ensure that the LGBTQ+ asylum seekers are protected from harm and granted the rights they are due,” reads the petition.

There are more than an estimated 1,000 LGBTQ refugees in Kenya. Many queer people — especially from Uganda — continue to flee to Kenya in the wake of the enactment of the country’s Anti-Homosexuality Act in 2023.

The petitioners want queer asylum seekers recognized for admission and their applications expedited like other refugees and their concerns over discrimination and violence addressed.

“The Department of Refugee Services should officially retract the discriminatory statement made by the DRS commissioner, which excluded LGBTQ+ individuals from protection under the refugee mandate,” reads the petition.

The petitioners also want queer people represented in the Global Refugee Forum and the Refugee Working Groups to have their voices heard and needs addressed in global decision-making processes.

The Center for Minority Rights and Strategic Litigation, a Kenyan LGBTQ rights group, described Burugu’s sentiments as “deeply concerning, regrettable, and against the law.”   

CMRSL Legal Manager Michael Kioko told the Washington Blade the organization has received many complaints from queer refugees and asylum seekers about homophobic discrimination and other violations in the country. The Department of Refugee Services and UNHCR Kenya, he said, took no action to address them.

“The DRS commissioner is obligated under Section 21 of the Refugees Act to ensure measures are taken to protect asylum seekers who have been traumatized or require special protection. This includes LGBTIQ+ refugees in Kenya,” Kioko said.

He noted this directive is also in line with the 1951 Geneva Convention on the Status of Refugees to which Kenya is a signatory, and applicable under Article 2(6) of the constitution.

“It is imperative that the Department of Refugee Services adheres to its obligations under the Refugees Act and the Constitution to protect LGBTIQ+ refugees,” Kioko said. “Their safety must be prioritized, especially in light of the increasing violence and discrimination that LGBTIQ+ persons in Kenya are facing.”

Kioko added Kenyan courts have ruled queer people are members of a social group the Refugees Act recognizes for admission as refugees in cases of persecution, and LGBTQ asylum seekers cannot be excluded.