" Revisit Resolution 275: Hate and Violence is Incompatible with Religion and Family, Vulnerable LGBTQI+ Community Deserves Protection."
Benson Chakaya
Global Health Systems Researcher and Grantmaking Technical Advisor II Rights Activist II Founder Rural Reach Health Initiative II
The recent wave of agitations for laws criminalising homosexuality in East Africa is a clear violation of people's rights and freedoms, both under international human rights standards and regional legal frameworks. The intolerance and hate chorus fuelled by a section of politicians as well as religious leaders is the unfortunate unAfrican value. While politicians have been busy drafting unconstitutional ant-homosexuality laws, the have been cheered on by a section of religious leaders calling for more stricter penalties including death.
Homosexuality is not a crime, and every human being has the right to express their sexuality and love freely without fearing persecution, violence, or discrimination. The sexual minorities have long been an ignored group, with limited legal protections or social acceptance. Unfortunately, a section of politicians and religious leaders have consistently used homosexuality as a bait for their selfish political interests, perpetuating discriminatory attitudes towards a vulnerable minority.
To begin with, politicians often use homosexuality as a divisive political tool to create social tension and distract from other pressing social and economic issues. They have used their leadership platforms to spew hate against sexual minorities who ironically are taxpayers and probably pay their salaries, and are part of their vote base.
Gay and lesbian individuals are considered "deviant" by homophobic politicians, who have used these attitudes to attract votes and other kind of support from a conservative electorate. In using homosexuality as a scapegoat, politicians distract attention from other critical social and economic issues facing the country, such as the high cost of living, corruption, and poor governance.
Additionally, politicians have contributed to the marginalization of the sexual minorities community by promoting discriminatory policies and legislation. Political leaders consistently argue against the expansion of legal protections and rights for sexual minorities individuals. This includes efforts to criminalize homosexuality, restrict expressions of non-traditional sexuality, and prevent organizations that support sexual minorities communities from operating.
In Uganda, the head of the country's Muslims, Mufti Sheikh Ramathan Mubajje, has been quoted in the press calling on the authorities to enact even tougher laws against same-sex relations. Already Uganda’s politicians have already passed a draconian and most punitive anti-homosexuality law that is currently awaiting President Museveni’s signing into law amidst international condemnation. The Bill proposes the death penalty for people found guilty of homosexuality.
?Kenya Supreme Court Affirms Sexual Minorities Rights
In February, Supreme Court of Kenya ruled that the country's NGO board was wrong to stop the National Gay and Lesbian Human Rights Commission (NGLHRC) from registering in 2013. In the judgement the Court held that "it would be unconstitutional to limit the right to associate, through denial of registration of an association, purely on the basis of the sexual orientation of the applicants".
On the day of Supreme Court judgement, a Member of Parliament George Peter Kaluma filed an official notice that he intended to introduce a bill which would jail for life people convicted of homosexuality or the promotion of it, this is the same bill that is awaiting parliament debate. Already Kaluma has introduced a copy and paste version of the Uganda’s anti-homosexuality bill that is already before parliament for debate.
While the anti-homosexuality Bill is only one of the ramifications of Supreme Court ruling, politicians went on to use a moralistic stance to condemn the ruling to generate support from religious groups. Religious leaders who ecclesiastical doctrines calls for ‘loving one’s neighbour as you love yourself’, became advocates of hate against sexual minorities. This has not only contributed to marginalization and discrimination against sexual minorities, b creates but also created a hostile and potentially dangerous environment for persecution and violence.
?Lost Family Role of Love and Acceptance
The family is often referred to as the last beacon of love and acceptance for an individual. However, when it comes to issues regarding the persecution of the Sexual minority communities, the family has failed as a source of acceptance and support. Most of the reported cases where sexual minorities have been forced into homeless, their own families have rejected them and exclude them from the community.
This rejection has often led to devastating emotional and psychological harm, including depression, anxiety, and even suicide. The rejection is a result of societal perceptions and cultural norms, which are reinforced within the family unit.
While family has often been seen to plays a significant role in the development of an individual's identity, self-esteem, and well-being. Conversely, when it comes to the sexual minority community, the family has often reinforced harmful stereotypes and discrimination, leading to the marginalization of a vulnerable minority.
Today family is one among other institutions that ?contributes to the persecution and discrimination that sexual minorities face. These actions from loved ones can have a devastating impact on an individual's sense of self-worth and place in the world.
?The African Commissions Resolution 275
In April 2014, the African Commission, a body mandated by African states to monitor the implementation of the African Charter that contains human rights protection law, adopted a Resolution 275. While expressing grave concern about increasing violence and other human rights violations, including murder, rape, assault, in respect of persons based on their real or perceived sexual orientation or gender identity.
The Resolution recognised the inherent human rights of sexual minorities, including the right to life, liberty, and freedom from discrimination. The resolution calls on African countries to recognise the rights of sexual minority and to put in place measures to combat violence and discrimination towards this group.
Importantly, the resolution recognizes the role that discrimination and violence play in further marginalizing sexual minorities and contributing to the violation of their rights. The resolution calls for greater educational efforts to help people understand the rights of the sexual minority communities and stop the incidence of violence and discrimination.
Furthermore, the resolution acknowledges that the criminalization of homosexuality and other non-traditional sexual identities is a violation of human rights.
The resolution calls on African countries to repeal such laws and instead promote laws that protect the rights of everyone, including the sexual minorities. Finally, Resolution 275 urges African states to take steps to ensure that individuals who have been subjected to violence or who have experienced discrimination based on their sexual orientation or gender identity receive appropriate legal and social remedies.
More African leaders must join the Economic Freedom Fighters (EFF) Julius Malema in calling on other African countries to join calls to have Uganda's anti-homosexuality bill scrapped. As a country that gone suffered racial segregation and discrimination under the apartheid regime they understand the devastating effect of discriminatory laws and policies. According to Malema denying queer people the right to live freely in their country of birth was a human rights violation.
"Let's stand firmly behind the people of Uganda and through international solidarity, Museveni will not sign this bill into law. All organisations, all over the country and the world must write to Museveni and urge him not to sign this bill into law."
It therefore goes without over emphasising that the move by Uganda’s legislators and their Kenyan counterparts, is not only a violation of international human rights treaties, but it also violates their own commitment at continental level, including their own constitutions that outlaw inequality and discrimination. It's important to note that these proposed measures, violates the right to privacy, freedom of association, and freedom of expression. Instead of demonising specific groups, politicians must focus on promoting a greater understanding of human rights and promoting a more inclusive and tolerant society.
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These moves are not only discriminatory but also violate people's inherent human rights to life, liberty, and the pursuit of happiness. Every individual has the right to be protected from discrimination and violence regardless of their sexual orientation, and the proposed measures against homosexuals violate this fundamental right, which was affirmed by Kenya’s Supreme Court. By promoting equality and respect, politicians can support the development of a vibrant and diverse society, where everyone has the right to live as they see fit, without fear of discrimination or prejudice.
While social-Legal approaches have been proposed as key to the anti-homosexuality challenge, Family remains the best bet, due to its vital role in the development and well-being of its members, and the rejection of loved ones based on their sexual orientation can quickly be marked as unacceptable. It is time for families to break free from cultural norms and societal expectations, and instead, practice love and acceptance towards all members, regardless of their sexual orientation. It is only through such acceptance and support that we can hope to end the persecution and discrimination faced by the sexual minority’s communities.
In summary, the proposed measures in Uganda and Kenya to criminalize homosexuality are a blatant violation of people's rights and freedoms, and the international and regional communities should take serious action to protect the rights of all people. Discrimination and violence towards the sexual minorities are not African part of African value system and must not be tolerated, and governments should work to ensure equal rights, protection, and treatment for all individuals.