Archive for the 'Kenya' Category

Kenya’s Reelected Leader Must End Horrifying Anal Exams

Repost from the Advocate

Kenya, the economic and political powerhouse of Eastern and Central Africa, held an election this week to choose the fifth president of the country since independence. While the vote is still being contested by opposition leader Raila Odinga, it appears that incumbent President Uhuru Kenyatta just won a second and final term. When it comes to defending the human rights of Kenya’s LGBTIQ citizens, Kenyatta’s record is critically important to our emerging democracy.

During President Obama’s visit to Kenya in 2015, Kenyatta said, “We share a lot of things, but gay issues are not among them. … There are some things that we must admit we don’t share. It’s very difficult for us to impose on people that which they themselves do not accept. This is why I say for Kenyans today the issue of gay rights is really a nonissue.” Kenyatta was responding to Obama, who emphasized the need for Kenya to stop discriminating against gays and lesbians, saying, “I’ve been consistent all across Africa on this. When you start treating people differently because they’re different, that’s the path whereby freedoms begin to erode. And bad things happen.”

During an interview with CNN in October 2015, Kenyatta underlined that what he meant when responding to Obama was not that gays have no rights. “I will not allow people to persecute any individuals, or beat and torture them,” he said, adding that “we have to understand that these are processes and they take time … and this is where I am saying we have to get synergies. You are not going to create the U.S., Great Britain, or Netherlands in Kenya, or in Nigeria or Senegal overnight.”

President Kenyatta’s lack of leadership on LGBTIQ issues is of great concern. The unsupportive public statements have offered license to state officers who continue to harass and arrest gays and lesbians; political cover to those who deny LGBTIQ citizens access to medical, educational, and other social services; and a justification for hate crimes committed by the general public. The use of forced anal exams to “prove” homosexual activity stands out as a particularly brutal form of torture in this larger context. Continue Reading

Evangelicals Are Winning The Gay Marriage Fight — in Africa and Russia

Photo: Walter AstradaA/AFP/Getty Images

Photo: Walter AstradaA/AFP/Getty Images

Repost from National Journal

Long before President Obama selected three gay athletes to lead the American delegation to the Sochi Olympics, long before President Vladimir Putin declared Russia to be the world’s new “moral compass,” and long before practically anyone in the West had even heard of that country’s new “homosexual propaganda” law, one American had thought deeply about it—because he’d helped invent it. “My greatest success, in terms of my own personal strategy, is Russia,” Scott Lively says from his native Massachusetts, where he launched a quixotic bid for governor this year.

Lively, who is being sued in U.S. federal court by a gay-rights group for alleged crimes against humanity over his work fighting “the gay agenda” in Uganda, led a 50-city tour through the former Soviet Union several years ago to warn its citizens about the international gay conspiracy. His message and his proposed solution—to criminalize LGBT advocacy—were received with open arms in town-hall meetings, local legislatures, and St. Petersburg, which sent an open letter to the Russian people and later became one of the first cities in the country to outlaw “homosexual propaganda,” paving the way for the national legislation.

“I was an alcoholic and a drug addict until I got saved in 1986, and since that time my focus has been to restore a biblical focus with regards to marriage and sexuality,” he says. Lively became a lawyer, author, and advocate in pursuit of the cause, but he gave up on the United States almost a decade ago, when one of his cases (challenging an antidiscrimination law)failed. “I began shifting my emphasis, which is going to the other countries in the world that are still culturally conservative to warn them about how the Left has advanced its agenda in the U.S., Canada, and Europe—and to help put barriers in place. And the goal is to build a consensus of moral countries to actually roll back the leftist agenda in my country,” he explains matter-of-factly.

For Lively and the rest of a small but incredibly influential band of American activists who spend their time crisscrossing the globe to meet with foreign lawmakers, deliver speeches, make allies, cut checks, and otherwise foment a backlash against the so-called international gay-rights agenda, this is nothing less than a war for the fate of human civilization. Continue Reading

President Obama Comments on Yesterday’s DOMA Supreme Court Ruling

President Obama’s remarks at a joint press conference in Senegal, where after speaking about yesterday’s Court decision on the Defense of Marriage Act (DOMA), he addressed the treatment of LGBT people in Africa.

You can read the transcripts from the full press conference here.

PRESIDENT OBAMA:  Well, first of all, I think the Supreme Court ruling yesterday was not simply a victory for the LGBT community, it’s a victory for American democracy.  I believe at the root of who we are as a people, who we are as Americans is the basic precept that we are all equal under the law.  We believe in basic fairness.  And what I think yesterday’s ruling signifies is one more step towards ensuring that those basic principles apply to everybody.

When I spoke to Ms. Windsor — 83 years old — and I thought about the 40 years of her relationship and her partner, who is now passed, for her to live to see this day where that relationship was the vehicle whereby more people received their rights and are recognized as a testament to the love and commitment that they have made to each other, that was special.  And that’s just a microcosm of what it meant for families and their children all across America.  So it was a proud day I think for America.

Now, as you point out, there are a whole lot of implications that flow from it, because the Supreme Court did not make a blanket ruling that applies nationally, but rather lifted up the ability of states to recognize the dignity and respect of same-sex marriage, and that the federal government couldn’t negate the decision by those states.  We now have to comb through every federal statute.  And although we hadn’t pre-judged what the ruling had been, I had asked my White House Counsel to help work with lawyers across every agency in the federal government to start getting a sense of what statutes would be implicated and what it will mean for us to administratively apply the rule that federal benefits apply to all married couples.

What’s true though is that you still have a whole bunch of states that do not recognize it.  The Supreme Court continues to leave it up to the states to make these decisions.  And we are going to have to go back and do a legal analysis of what that means.  It’s my personal belief — but I’m speaking now as a President as opposed to as a lawyer — that if you’ve been married in Massachusetts and you move someplace else, you’re still married, and that under federal law you should be able to obtain the benefits of any lawfully married couple.  But I’m speaking as a President, not a lawyer.

So we’re going to be evaluating all these issues and making sure that we work through them in a systematic and prompt way, because now that the Supreme Court has spoken it’s important that people who deserve these benefits know that they’re getting them quickly.  And I know that, for example, Chuck Hagel already mentioned some work that the Department of Defense is doing on that front.  And I think we’re going to be seeing that in all the various agencies.

Now, this topic did not come up in the conversation that I had with President Sall in a bilateral meeting.  But let me just make a general statement.  The issue of gays and lesbians, and how they’re treated, has come up and has been controversial in many parts of Africa.  So I want the African people just to hear what I believe, and that is that every country, every group of people, every religion have different customs, different traditions.  And when it comes to people’s personal views and their religious faith, et cetera, I think we have to respect the diversity of views that are there.

But when it comes to how the state treats people, how the law treats people, I believe that everybody has to be treated equally.  I don’t believe in discrimination of any sort.  That’s my personal view.  And I speak as somebody who obviously comes from a country in which there were times when people were not treated equally under the law, and we had to fight long and hard through a civil rights struggle to make sure that happens.

So my basic view is that regardless of race, regardless of religion, regardless of gender, regardless of sexual orientation, when it comes to how the law treats you, how the state treats you — the benefits, the rights and the responsibilities under the law — people should be treated equally.  And that’s a principle that I think applies universally, and the good news is it’s an easy principle to remember.

Every world religion has this basic notion that is embodied in the Golden Rule — treat people the way you want to be treated.  And I think that applies here as well.

Rights body has finally stood up for gays and lesbians

repost from Daily Nation

by Makau Mutua

Makau Mutua is Dean and SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of the KHRC.

I’ve been pilloried for standing up for gays and lesbians. Tough luck – that won’t stop me. Nor will it drive gay rights activists underground.

Those days are over – gone for good. That’s why I was ecstatic when the Kenya National Commission on Human Rights, the country’s official human rights watchdog, asked the government to decriminalise homosexuality and sex work.

I never thought a credible Kenyan institution would ever do what the KNCHR has done. It’s perhaps the most important social statement to come out of the KNCHR.

It’s an acceptance that gays and lesbians are part of Kenyan society. It means “straights” needn’t be afraid. Continue reading

Kenya is on the verge of a ‘Gene Robinson’ moment

Kenya's prime minister, Raila Odinga, who has backed Dr Willy Mutunga's nomination,

Photograph: Tony Karumba/AFP/Getty Images

Repost from the guardian.co.uk, by Peter Anaminyi

Kenya is on the verge of having its “Gene Robinson” moment as parliament prepares to debate and confirm Kenya’s first gay rights chief justice and deputy chief justice. Dr Willy Mutunga, the nominee for the chief justice position, is the current east Africa representative for Ford Foundation and was involved in facilitating the registration of a gay rights organisation.

As if this was not enough, Kenya’s Judicial Service Commission also went on to nominate Nancy Baraza as the deputy chief justice. What is her crime? Nancy has been outed. Not for being gay but for doing her doctoral research at Kenyatta University on gay rights. Needless to say, these nominations have generated the most intense debate surrounding any public appointment in living memory. It has forced a discussion on the issue of gay and gay-rights-affirming people and their suitability for public office. Continue reading

Prime Minister of Kenya’s Office Explains Homophobic Comments

In this statement, the Prime Minister of Kenya’s office explains homophobic comments he made over the weekend.  The clarification still has some troubling language, but it shows that the Prime Minister understands the danger of his remarks, and he is at least attempting to contextualize them.

View the statement here


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