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There’s a Lethal Gay Hate Problem in Sub-Sahara Africa

There’s a Lethal Gay Hate Problem in Sub-Sahara Africa

Human rights group Amnesty International has issued a new report warning that homophobia is rising in Africa, often with violent and even lethal consequences.

The report, Making Love a Crime: Criminalization of Same-Sex Conduct in Sub-Saharan Africa, starts by noting an increase in reports of harassment, marginalization, discrimination and abuse directed at the LGBTI community on grounds of their perceived and actual sexual orientation and/or gender identity.

Such ill-treatment is particularly prevalent in the 38 African countries that still make same-sex relationships illegal via either specific “carnal knowledge” bans or colonial anti-sodomy provisions.

Unfortunately, several nations have moved to further criminalize their LGBTI populations.

Many readers will have heard of Uganda’s Kill the Gays bill, but they may not be aware that even if the much talked of death penalty provision is amended or dropped entirely, the bill remains a substantial threat.

“If this bill passes, Uganda will need to build bigger prisons. This bill will mean that my father, my mother and my brother will become criminals and face prison terms of up to seven years simply for not reporting me to the police for being a lesbian,” activist Jay Abang is quoted as saying.

Sadly, this isn’t the only sub-Saharan African nation aiming to further discriminate against its LGBTI community.

On gaining independence in 2008, the South Sudan passed a law mandating a 10 year jail term for a man or woman found to have had sex with someone of the same sex. Burundi, too, has criminalized same-sex relationships, revising its Criminal Code in 2009 to specifically outlaw “sexual relations with a person of the same sex.”

As same-sex marriage has gained attention in Western nations, and in particular in the United Kingdom and United States, African nations such as Nigeria and Liberia have either moved to or have adopted legislation to further criminalize same-sex relationships and specifically same-sex marriages, and the harms of this institutionalized discrimination have been profound.

Cameroon earns a particular mention for the frequency of people informing on others, saying that they are gay and allowing the law to do its worst.

This often means that, even if those involved are not in fact LGBTI, they could be arrested, maybe convicted without evidence and, in some cases, citizens have been subject to invasive medical examinations such as anal screenings to try to “prove” the victim had sex with someone of the same sex.

Even in a wider context such as health care, discrimination prevents the LGBTI community from receiving the care they deserve.

“I went to hospital for a test, and the doctor said I had a STI (sexually transmitted infection) and told me to come back with my partner… My girlfriend and I came to the hospital…. But when we sat down, the doctor told us to go away. When we left, he called his colleagues and they were pointing at us saying ‘lesbian, lesbian,’” Jo Mandeng, a lesbian activist from Cameroon is quoted as saying.

Even in nations where laws against LGBTI persons are not often invoked, the very existence of those laws means victims are open to extortion and blackmail. This threat may come from other citizens, or may even come from the police themselves.

Such environments mean LGBTI individuals who face discrimination have little to no hope of legal remedy and will fear that should they try to avail themselves of legal help, they will in turn be subject to more harassment, but this time from the very authorities meant to stop such treatment.

That this creates an environment ripe for sexual and physical violence is obvious.

Amnesty International reports it has tracked seven rapes and murders of LGBT people since June 2012 and, given that discrimination means local authorities do not collect statistics on anti-LGBTI discrimination, this figure is likely much higher. Yet, despite guarantees of protection from state laws and wider international human rights laws, these violations will often go unchallenged. Also, even if the perpetrators are arrested, the bias motivated aspect of their crimes will not be recognized.

No more obvious was this than in the case of David Kato, a prominent Ugandan LGBTI activist who was killed in his home in 2011. Despite evidence that the crime may have been motivated by anti-LGBTI fervor, Ugandan authorities refused to entertain even the possibility that Kato was killed because of his sexuality or his human rights work.

Some Progress On Gay Rights In Sub-Saharan Africa, Despite Grave Concerns

With the help of local NGOs and advocacy groups, there has been some progress in some African nations, especially when taking a broader view of the past decade.

For instance, the 2010 revision of the Kenyan Constitution creates a legal framework that Amnesty says holds “significant improvements” for the rights of LGBTI people. Moreover, a number of African nations have enacted nondiscrimination legislation or removed discriminatory provisions from their laws, such as Seychelles and Mozambique.

Of course, South Africa has made extensive legal gains where LGBTI rights are concerned, including the legalization of same-sex couples adopting (2002) and same-sex marriage (2006). Moreover, South Africa has broad constitutional protections that explicitly cover sexual orientation and gender discrimination.

It should be mentioned, however, that South Africa continues to struggle with anti-LGBTI discrimination despite these robust protections.

This is not to minimize the significant improvements that have been made, but to put in context that legislation can only go so far and that outreach, implementation and education must also play their part in minimizing anti-LGBTI feeling.

Amnesty’s Recommendations for Future Progress in Sub-Saharan Africa

In terms of specific actions, the report unsurprisingly recommends nations immediately decriminalize and repeal punitive laws against LGBTI citizens.

The report also calls on authorities to ensure that they recognize the human rights of all communities regardless of sexual orientation or gender identity, and that they investigate to the full extent of their duty and the law any and all alleged human rights violations against LGBTI citizens.

Amnesty also highlights that the UK, as head of the Commonwealth and so with considerable influence in some nations, should take a stronger role in calling for and actively pursuing the decriminalization of LGBTI identity.

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Image credit: Thinkstock.

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61 comments

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2:35AM PDT on Aug 1, 2013

Sad to hear about

5:29AM PDT on Jul 9, 2013

It's because that is in Muslim territory.

12:03AM PDT on Jul 8, 2013

блаженны нищие павшие духом ибо их есть царство небесное....
а что если лгбт-сообществам в Африке заняться проблемами смертности и голода среди детей? Организовывать благотворительные акции в пользу нуждающихся? Может негативное отношение к геям и л

8:34AM PDT on Jul 5, 2013

LGBTI rights are human rights.

2:06PM PDT on Jul 4, 2013

sorry 2nd and 3th should have started with
then not first

2:03PM PDT on Jul 4, 2013

Martin Niemöller (1892–1984)
First they came for the gays
and I didn't speak out because I wasn't gay

First they came for the Gipsy's
and I didn't speak out because I wasn't a Gipsy

First they came for the communists,
and I didn't speak out because I wasn't a communist.

Then they came for the socialists,
and I didn't speak out because I wasn't a socialist.

Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.

Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.

Then they came for the Catholics,
and I didn't speak out because I wasn't a Catholic.

Then they came for me,
and there was no one left to speak for me.

I think thats the order the Nazi's rounded people up
and started killing them

1:20PM PDT on Jul 4, 2013

It bothers me when people state, "Let's move all the Gays out of [Africa, Russia, any place where they are being persecuted]." Even tho this is said "lightly" and they don't "mean it literally". This SHOULD NOT BE SAID LIGHTLY, in my opinion.

THINK about it. Use your RATIONALITY.
Move thousands, maybe millions of individuals, tear them from their families, their non-Gay friends, the land and landscapes they maybe love, their language, their culture, their jobs, their education....
to go WHERE??? We ALREADY have a vast refugee problem.. who is going to take MILLIONS OF GAY AFRICANS? and give them WHAT jobs? or failing that, WHAT Welfare? and WHAT re-education in our language, laws, customs... yeah, Food Stamps for all will be enough... especially with Budget Cuts...
And, going on, IF THIS WERE TO ACTUALLY HAPPEN -
What, then, would happen to ALL THE GAY KIDS IN THE FUTURE, BORN TO HETEROSEXUAL COUPLES? They'd be ISOLATED, then if not KILLED, maybe EXILED in turn... to where?

"Emigration" DID NOT SOLVE THE "JEWISH PROBLEM" in Nazi-controlled Europe!!!
So, I really don't think this even ought to be proposed as a "semi-joke" or as an honest expression of one's indignation!!!
It sortof "SHORT-CIRCUITS" THINKING, as it appears to me...
Thinking about REAL solutions... instead, it's flippant DISMISSAL...

1:03PM PDT on Jul 4, 2013

Gay Activists in Sub-Saharan Africa, are doing research on their OWN African History, which has largely been suppressed in favor of the Western version of their history, which glorifies Western Colonialism and degrades all "Dark Continent" civilizations and activities as unremittingly "savage".
Gay Activists and Historical Researchers have found - NO BIG SURPRISE THERE! - that Gays have existed, have flourished, have been recognized for their accomplishments LONG BEFORE THE COMING OF EUROPEANS. In fact, such research has also been CONFIRMED by writings of early European Explorers and Missionaries, who were SHOCKED by the distance between African and European views of Gays! For example, in parts of Africa, WOMEN MARRIED EACH OTHER. This can be confirmed by anyone willing to actually look stuff up.
EUROPEANS INTRODUCED THE FIRST ANTI-GAY LAWS - inspired by the Xian Missionaries, but also a blatant effort to CONTROL Native Populations by outlawing Native customs. Turning the Natives into a submissive work force for European Planters.
It is of course FALSE that Europeans "introduced" Homosexuality. It's as old as the Human Race; and non-European cultures usually HAD INTELLIGENT WAYS OF ASSIMILATING IT INTO THEIR SOCIAL AND FAMILY LIVES.

2:39PM PDT on Jul 3, 2013

Thanks Steve for the excellent article and summation of the grave threats our GLBTQ brothers and sisters in Africa face.

11:04AM PDT on Jul 3, 2013

L' important, c' est l' amour. Que ce soit entre deux personnes de sexe différent ou du même sexe. Les personnes qui persécutent les gays n' ont aucune tolérence et peu d' amour dans leur coeur pour les autres. Je suis heureuse que dans mon pays, la France, le Président de la République a légalisé le mariage pour les gays ( bien que certaines personnes étroites d' esprit sont très mécontents ).

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