{"id":258835,"date":"2023-05-02T13:13:43","date_gmt":"2023-05-02T11:13:43","guid":{"rendered":"https:\/\/www.myza.co.za\/press\/queerphobia-in-kenya-a-supreme-court-ruling-on-gay-rights-triggers-a-new-wave-of-anger-against-the-lgbtiq-community\/"},"modified":"2023-05-02T13:13:43","modified_gmt":"2023-05-02T11:13:43","slug":"queerphobia-in-kenya-a-supreme-court-ruling-on-gay-rights-triggers-a-new-wave-of-anger-against-the-lgbtiq-community","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/queerphobia-in-kenya-a-supreme-court-ruling-on-gay-rights-triggers-a-new-wave-of-anger-against-the-lgbtiq-community\/","title":{"rendered":"Queerphobia in Kenya: a supreme court ruling on gay rights triggers a new wave of anger against the LGBTIQ+ community"},"content":{"rendered":"
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The Kenyan supreme court recently struck down a government decision to ban the registration of an LGBTIQ+ community rights organisation, sparking new homophobic rhetoric<\/a> in the country. Kenya is one of 32 African countries<\/a> that criminalises homosexuality. Those who identify as part of the LGBTIQ+ community are often discriminated against, harassed and assaulted. Lise Woensdregt and Naomi van Stapele, who have researched queer experiences in Kenya for nine years, explain the impact of this ruling.<\/em><\/p>\n

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What is the significance of the recent Kenyan supreme court ruling on a gay rights organisation?<\/h2>\n

The Kenyan supreme court ruled on 24 February 2023 that the government was wrong<\/a> to ban the LGBTIQ+ community from registering the National Gay & Lesbian Human Rights Commission<\/a>. The commission provides legal aid, and works to change the law and policy around LGBTIQ+ persons in Kenya. The commission celebrated this court ruling<\/a> as a small but significant affirmation of its place in Kenyan society.<\/p>\n

The ruling, however, didn\u2019t alter the Kenyan penal code<\/a>, which criminalises sexual acts \u201cagainst the order of nature<\/a>\u201d. This, in effect, criminalises same-sex sexual acts. Those found guilty face<\/a> up to 14 years in prison.<\/p>\n

The law has fuelled stigma and discrimination<\/a> against queer individuals, making them more vulnerable to violence. <\/p>\n

We have been studying<\/a> queer experiences in Nairobi<\/a>, working closely with LGBTIQ+ self-led organisations. Those involved in our research<\/a> have been experiencing mounting violence in recent years. The ruling triggered fears<\/a> among members of the LGBTIQ+ community across Kenya of increased violence.<\/p>\n

What have the political responses been?<\/h2>\n

A backlash against progress in gender and sexual rights is not uncommon. Pushing for progress in these areas can evoke hate and counter-offensives<\/a>. <\/p>\n

The Kenyan government has joined churches and mosques in their vitriol condemning not only the supreme court judges, but also LGBTIQ+ activists, organisations and citizens. For example, a member of parliament declared that being LGBTIQ+ is worse than murder<\/a>. He described homosexuality as <\/p>\n

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a foreign practice from the West that\u2019s not aligned with African cultures and as such, severe punishment should be meted out on offenders. <\/p>\n<\/blockquote>\n

Kenya\u2019s deputy president Rigathi Gachagua added that the government wouldn\u2019t \u201ccondone<\/a>\u201d same-sex relations, a sentiment shared by president William Ruto. The president has previously said<\/a> that unemployment and hunger are the \u201creal\u201d issues, not LGBTIQ+ concerns, and that tradition must be respected. <\/p>\n

Kenya\u2019s first lady, Rachel Ruto<\/a>, has also claimed that LGBTIQ+ people are a threat to the institution of the family. Another member of parliament, Peter Kaluma, recently submitted a family protection bill<\/a> that includes provisions to criminalise LGBTIQ+ organising, funding and, what is ominously termed, \u201cbehaviours\u201d. <\/p>\n

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Read more: Kenya should decriminalise homosexuality: 4 compelling reasons why<\/a> <\/strong> <\/em>\n<\/p>\n

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Amid all this, LGBTIQ+ self-led organisations have struggled<\/a> to offer a safe space for individuals to find belonging, acceptance and recognition<\/a>, and to work towards social, political and economic justice collectively. Some, including those that provide HIV services<\/a>, have had to close<\/a> for fear of attacks. <\/p>\n

Based on your research, what have you learnt about what it\u2019s like for LGBTIQ+ people in Kenya?<\/h2>\n

Over our nine years of research into queer experiences, we\u2019ve worked closely with grassroots LGBTIQ+ organisations and activists. We are continuously in touch with queer activists, who we speak with as part of our ongoing engagement with and support for queer self-led organisations in Kenya. They have told us that the recent supreme court decision was a step towards decriminalising same-sex sexual acts and was cause for celebration. <\/p>\n

Unfortunately, the ruling unleashed vicious anti-LGBTIQ+ attacks<\/a> targeting organisations, activists and citizens. One young queer activist* told us: <\/p>\n

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It is more dangerous now. Our friends are evicted (from their houses). Some have been beaten in the streets. In WhatsApp groups with family or work, people write anti-queer things, and you need to stay silent not to out yourself. You can lose everything if you are found out. <\/p>\n<\/blockquote>\n

Another queer activist* told us: <\/p>\n

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In the WhatsApp group with parents from school, parents write how to warn our children (against) recruitment by LGBTIQ+ people, and I am in that app. I can\u2019t say anything because it will harm my son. <\/p>\n<\/blockquote>\n

*Those we interviewed are anonymous for safety reasons<\/em><\/p>\n

What can be done to empower queer individuals and groups in Kenya?<\/h2>\n

Many Kenyan LGBTIQ+ self-led organisations collaborate with government agencies \u2013 such as the National Syndemic Diseases Control Council<\/a> and the National AIDS and STIs Control Programme<\/a>. They also work with<\/a> several national and international civil society organisations on health, women rights, sexual and reproductive rights, and social justice. The silence of LGBTIQ+ partners is deafening. As one queer activist told us: <\/p>\n

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They eat with us, but when things get tough, we stand alone.<\/p>\n<\/blockquote>\n

Eating together here refers to the funds many such organisations receive from donors to work with LGBTIQ+ self-led organisations. <\/p>\n

The silence of civil society, including those who collaborate with LGBTIQ+ groups in Kenya and receive funding for this, and the international media is concerning. This silence sends a dangerous message to the government and religious organisations: they can freely target queer individuals and groups without facing resistance or solidarity from the broader community.<\/p>\n

The fight for equality and safety for the LGBTIQ+ community requires sustained effort from national and international organisations and governments. On an individual level, financial support is needed as it can empower individuals who identify as LGBTIQ+, providing them with resources, such as the ability to relocate to safer locations. <\/p>\n

In our research<\/a>, several members told us of the risks they face in Nairobi\u2019s low-income settlements where they live. In these settings, traditional patriarchal masculinity practices \u2013 breadwinner-ship, heterosexuality and dominance over women \u2013 are celebrated. Not being able to pass as heterosexual is perceived as risky.<\/p>\n

Promoting safe spaces and access to stable incomes on a collective level can create a foundation that empowers queer individuals and groups to fight for dignity and respect. <\/p>\n

The voices of those affected by anti-LGBTIQ+ violence must be heard and amplified by those who seek a more just and equal world. Only through collective action and solidarity can the LGBTIQ+ community be protected, valued and celebrated.<\/p>\n

Source: The Conversation<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The Kenyan supreme court recently struck down a government decision to ban the registration of an LGBTIQ+ community rights organisation, sparking new homophobic rhetoric in the country. Kenya is one of 32 African countries that criminalises homosexuality. Those who identify as part of the LGBTIQ+ community are often discriminated against, harassed and assaulted. Lise Woensdregt […]<\/p>\n","protected":false},"author":1,"featured_media":258836,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[4584],"tags":[3257],"class_list":{"0":"post-258835","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-africa-news-2","8":"tag-mypr","9":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2023\/05\/queerphobia-in-kenya-a-supreme-court-ruling-on-gay-rights-triggers-a-new-wave-of-anger-against-the-lgbtiq-community.jpg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/258835","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=258835"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/258835\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media\/258836"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=258835"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=258835"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=258835"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}