Nigerian legal attack on LGBT worsens

By Paul Canning

Nigeria's Senate 28 November passed an 'anti gay marriage' bill adding further penalties and extending its scope.

The Senate added to provisions targeting those living together (and those who don't report them) with new clauses making it illegal to register gay clubs or organizations, as well as criminalizing the “public show of same-sex amorous relationships directly or indirectly” with 10 years imprisonment.

Says Associated Press:

…The bill also could target human rights and HIV-prevention programs run by the U.S. Agency for International Development and the Center for Disease Control and Prevention in Nigeria, which has the world’s third-largest population of people living with HIV and AIDS. A U.S. Embassy spokeswoman declined to immediately comment.

Sen. Baba-Ahmed Yusuf Datti said during Monday's debate:

"Such elements in society should be killed."

Davis Mac Iyalla campaign director of the Nigerian LGBT in diaspora group, said:

“The Nigeria senators have further demonstrated their hate, discrimination and oppression of vulnerable LGBT Nigerians. I call on all respected human rights activists to join forces with us to fight the bill.”

The campaign group expressed its concerns that the bill would further turn many LGBT Nigerians living in diaspora into asylum seekers and refugees. Yemisi Ilesanmi from the group has condemned what she has called the "deafening silence" of Nigerian liberals and the left on the bill. Some Nigerian human rights groups have pointed out that a bill supposedly aimed at gay people will impact marginalised groups like migrant workers, making them subject to bribery demands from police.

The Initiative for Equal Rights (TIERs) Executive Director- Joseph Sewedo Akoro said:

“The implication of this bill is enormous and threatens TIERs legal position to operate as a human rights organization in Nigeria.”

“We are greatly concerned by this development and hope that the House of Representatives will be careful in dealing with the bill: recognizing the provisions of the constitution towards human rights promotion and international human rights obligations.”

Writing in Behind The Mask, Akoro noted that "International opinion didn’t seem to trouble lawmakers, some of whom laughed and joked during the debate."

"One senator however worried that the bill would hinder the tradition of Nigeria’s Igbo ethnic group in the southeast. In this community infertile wives are allowed to “marry” other women to bear their husbands’ children," he wrote.

TIERs called for other members of the Nigeria Human Rights Community to raise their voice in disapproval of the bill. It also called for both the Nigeria Human Rights Commission and the National Agency on the Control of AIDS to speak out. Neither has thus far.

Peter Tatchell, Director of the human rights advocacy organisation, the Peter Tatchell Foundation, added: 

"This bill violates the equality and non-discrimination guarantees of Article 42 of the Nigerian Constitution and Articles 2 and 3 of the African Charter on Human and People's Rights, which Nigeria has signed and pledged to uphold."

"There is a good chance that this bill, and Nigeria's long-standing criminalisation of same-sex relations, can be challenged in the courts. This could be a future option for LGBTI campaigners and human rights defenders."

"The law against homosexuality is not an authentic national law that originated in Nigerian jurisprudence. It was imposed on Nigeria by the British colonial administration in the nineteenth century. Despite Nigeria now being an independent country, this British colonial law has never been repealed."

"Our Nigerian colleagues are still hopeful that they can defeat the bill at the next stage. We stand in solidarity with their struggle for LGBTI equality," he said.

Nigerian LGBT in diaspora held a protest in front of the Nigerian House in London recently and there will be another protest rally at the Nigerian embassy in New York, 5 December.

The bill now goes to the House of Representatives, then for signature by the President, Goodluck Jonathan.

Related articles

• Dirty tricks in Nigerian parliament in anti gay marriage bill push (madikazemi.blogspot.com)
• Video: Updates on Nigerian anti-gay bill (madikazemi.blogspot.com)
• Nigerian gays fight blackmail, extortion using the Internet (madikazemi.blogspot.com)

St. Petersburg: How you can help fight anti-gay laws in Russia?

Image of St. Petersberg gay demo, broken up by police and attacked by fascists, source GayRussia

Source: LGBT Human Rights Project GayRussia.Ru

Many of you have been asking us how you can help to fight the bill in the most effective way. This Press Release aims to answer your questions as well as bring more insight about the context.

In the last few days, GayRussia has been consulting with its activists, other Russian based LGBT activist groups and legal specialists to think of how to best address the current circumstances.

First, you need to know that the bill is politically motivated: Russia’s Parliamentary election will take place on December 4th and targeting LGBT is a way to earn support from religious and nationalist organizations. The bill received support from Valentina Matvienko the former Governor of the city who is now the speaker of the Upper Chamber of Parliament. Politicians in Moscow said that they are ready to implement a similar law in the Russian capital but also at the Federal level.

Second, we want to stress that the ban of the promotion of LGBT rights on the public place is de facto enforced in Russia since 2005. Implementing this law is only materializing what has been a sad reality for years. For several years, GayRussia has been denouncing the absence of freedom of assembly, freedom of expression and freedom of association for Russian LGBT. As a reminder, over 300 public events applied by GayRussia have been banned, LGBT groups partnering with us have been denied registration by the government in several regions, our activists have been often fined, arrested, judged and humiliated. They introduced 20 cases with the European Court of Human Rights and the United Nations. Russian prosecution refused to open criminal investigation against Mufti Talgat Tadjudin, the Governor of Tambov, Oleg Betin, and the former Mayor of Moscow, Yuri Luzhkov, for calling hatred or to kill LGBT people. The Russian Courts even legalized the insult “gomik” (faggot) which was used by Yuri Luzhkov while referring to gays.

Third, we see this law as a "unique" chance for the Russian LGBT community to re-mobilize itself as it did in 2002 upon the attempt to re-criminalize homosexuality and in 2006, on the eve of the first Moscow Gay Pride.

Russia’s LGBT community has historically been divided and GayRussia would like to hope that today’s attacks by politicians in St. Petersburg will serve as a lesson for LGBT groups in St. Petersburg who have been appearing in the media since 2005 arguing that both “gay prides” and “gay marriage” are provocations.

Read more »

Commonwealth chief backs LGBT rights

Kamalesh Sharma image by ComSec via Flickr

By Paul Canning

Commonwealth Secretary General Kamalesh Sharma has backed LGBT rights at the start of the Commowealth Heads of Government (CHOGM) meeting in Perth, australia today.

The Commonwealth has been the focus of world wide attention by activists for the issue of discrimination against LGBT people to be discussed for the first time at CHOGM this year. Much of the lobbying has focused on Sharma.

Speaking to an audience of several hundred at the opening ceremony of the Commonwealth People’s Forum this afternoon he said the Commonwealth was about democracy, development and diversity, pointing to the 2009 affirmation of the Commonwealth values and principles.

“This includes a clear commitment to tolerance, respect and understanding,” he said.

“This means we embrace difference, and that includes sexual identity. Discrimination and criminalisation on the grounds of sexual orientation is opposed to our values and and I have had occasion to refer to this in the context of our law-related conferences.”

At the Commonwealth Law Ministers Meeting in Sydney, Australia in July, Sharma said that "vilification and targeting on grounds of sexual orientation is at odds with the fundamental values of the Commonwealth."

Human rights activist Peter Tatchell said with this statement Sharma has "shown strong leadership."

"His speech is a tacit rebuke to the more than 40 Commonwealth member states that continue to criminalise homosexuality, with penalties ranging up to life imprisonment," Tatchell said. "They comprise more than half the countries in the world that treat same-sex relations as a serious criminal offence."

In June Sharma responded to criticism of him published in the Guardian newspaper by Tatchell in an article for Kenya's Nairobi Star.

Sharma claimed that work is going on 'behind the scenes'.

"This sometimes leads to a perception that we are inactive or silent on certain issues," he wrote. "This could not be further from the truth."

Sharma cited work on ratification of human rights treaties, aiding countries with UN human rights periodic reviews (which have consistently included questioning on LGBT rights), the establishment of various National Human Rights Institutions (NHRIs) and working with human rights NGOs.

Sharma claimed that:

"I have consistently made it clear publicly that we deplore hate crimes of any nature and the vilification and targeting of gay and lesbian people runs counter to the fundamental values of the Commonwealth."

Following intense lobbying, the meeting's host, Australian Foreign Minister Kevin Rudd has said that he will call for an end to the laws criminalising homosexuality at CHOGM. The Canadian Foreign Affairs Minister John Baird has also said he will support the call.

However a report today said that India will oppose anything which involves the imposition of penalties for Commonwealth nations that discriminate against gay people.

Commonwealth advisory body, the Eminent Persons Group (EPG), which includes the openly gay retired High Court judge Michael Kirby, has recommended that Commonwealth countries repeal legislation criminalising homosexuality on the grounds that anti-gay laws are hampering efforts to combat the spread of HIV.

Reports today say that India is expected to block a push by Australia, Canada and the UK to set up a Commonwealth human rights and rule-of-law watchdog as recommended by the EPG, arguing that it goes beyond the mandate of the 54-nation group. The proposed leader of the watchdog was reported to be Kirby.

The Times of India reported yesterday that India's opposition was based on concerns such a group would only duplicate the role of the UN Human Rights Council.

According to The Australian newspaper, India's objections are rooted in its concern that a periodic review of its record on human rights by the UN next year will push for the caste system to be declared racist and because it is protecting its neighbour, Sri Lanka, from human rights scrutiny.

These are the four proposals that many LGBTI campaigners want to see on the CHOGM agenda and that they want all Commonwealth member states to adopt:

• Decriminalisation of homosexuality
• Laws prohibiting discrimination based on sexual orientation and gender identity
• The enforcement of legislation against threats and violence, to protect LGBTI people from hate crimes
• Consultation and dialogue with LGBTI organisations

Related articles

• This Commonwealth summit 'our best chance ever for LGBTI rights' (madikazemi.blogspot.com)
• Commonwealth lobbying urged as pressure to discuss homosexuality builds (madikazemi.blogspot.com)
• Commonwealth leader responds to criticism by Peter Tatchell (madikazemi.blogspot.com)

This Commonwealth summit 'our best chance ever for LGBTI rights'

Image via Wikipedia

By Peter Tatchell

Australian Foreign Minister Kevin Rudd will call for an end to the laws criminalising homosexuality at the Commonwealth Heads of Government Meeting (CHOGM) in Perth, Australia, next week.

This announcement follows intense lobbying of Mr Rudd by LGBTI activists from the global north and the global south.

Mr Rudd is the host of CHOGM and will have significant influence over the Commonwealth summit's deliberations.

Lobbying the Commonwealth is paying off. It is great news. Australia did not push for decriminalisation at the last Commonwealth summit, held in Trinidad and Tobago in 2009. This announcement is positive progress.

Huge thanks to the many LGBTI groups and individuals from all over the world who lobbied Kevin Rudd and the Commonwealth Secretary General, Kamalesh Sharma.

I wrote to Kevin Rudd on 5 September, urging him to ensure that LGBTI rights are on the official agenda at the Commonwealth summit. Mr Rudd responded with a commitment to press for gay law reform throughout the Commonwealth.

Commonwealth advisory body, the Eminent Persons Group (EPG), which includes the openly gay retired High Court judge Michael Kirby, has recommended that Commonwealth countries repeal legislation criminalising homosexuality on the grounds that anti-gay laws are hampering efforts to combat the spread of HIV.

Commonwealth countries comprise 30% of the world's population but have more than 60% of the world's people living with HIV.

The EPG report is part of the formal Commonwealth agenda.

Meanwhile, Festus Mogae, the former president of Botswana, has added his voice to calls for the decriminalisation of homosexuality and sex work, in order to help reduce HIV rates.

He told the BBC's Africa Network:

"You have to assist them to protect themselves. I don't think by arresting them you help them."

Reporting on the Australian Foreign Minister's backing for gay law reform throughout the Commonwealth, the Sydney Star Observer writes:

A spokeswoman for Kevin Rudd said he would raise the issue of decriminalisation with foreign ministers from Commonwealth countries attending the 28-30 October Commonwealth Heads of Government Meeting (CHOGM).

"Australia is a global advocate of non-discrimination on the basis of sexual orientation," the spokeswoman said.

"Australia encourages all countries to decriminalise homosexuality by removing all laws imposing criminal penalties for homosexual conduct.

"Mr Rudd will be raising these matters with Commonwealth foreign ministers at CHOGM."

"Australia is encouraging all governments to respond substantively to the EPG recommendations (for decriminalisation)," Rudd's spokeswoman said.

ABC TV News also reports on the bid to discuss the decriminalisation of homosexuality during the official programme of the Commonwealth summit.

These are the four proposals that many LGBTI campaigners want to see on the CHOGM agenda and that they want all Commonwealth member states to adopt:

• Decriminalisation of homosexuality
• Laws prohibiting discrimination based on sexual orientation and gender identity
• The enforcement of legislation against threats and violence, to protect LGBTI people from hate crimes
• Consultation and dialogue with LGBTI organisations

These four demands echo proposals previously expressed by a coalition of LGBTI campaigners from the global south at meetings of the Commonwealth People's Forum, an ngo side event to the main CHOGM.

Peter Tatchell, is the Director of the human rights organisation, the Peter Tatchell Foundation. 

Updated to add:  The report by the Eminent Persons Group (EPG) to the summit, 'Time for Urgent Reform', has been leaked. It says that:

The Commonwealth could cease to exist unless it takes stronger, more public stands against egregious human rights violations in its member countries.

The leak to Canada's National Post includes a promise by Canadian Foreign Affairs Minister John Baird to join those raising LGBT rights at the summit.

The EPG report contains a proposal for a new Commissioner for Democracy, Rule of Law and Human Rights. It has been reported that this post could be taken by the openly gay former Australian High Court judge Michael Kirby.

Related articles

• Commonwealth may appoint gay man as 'Commissioner for Good' at annual gathering in October (madikazemi.blogspot.com)
• Commonwealth lobbying urged as pressure to discuss homosexuality builds (madikazemi.blogspot.com)

Groundbreaking conference looks at sexuality in English-speaking Caribbean

Image via Wikipedia

By Dr Perry Stanislas

Emerging Sexualities and Race: Responses to Sexuality in Jamaica and the English Speaking Caribbean and Caribbean Diaspora

An Interdisciplinary Conference organised by Department of Community and Criminal Justice, De Montfort University (Leicester) and the Department of Sociology, Warwick University

21-22 October 2011, The Scarman Conference Centre, Warwick University

The desire to have an open and informed debate about sexuality and human rights in the English speaking Caribbean has led to organising the first international conference of its type to address these and related concerns.

In this regard we are blessed to have some of the most influential voices in matters related to human rights, sexuality and equality in the Caribbean who first penned their views on this issue. These include Cecil Gutzmore, Denise Noble and Camille Nelson and in Britain Dr Tony Sewell and his pioneering work on black boys and education. The conference is also very happy to have internationally known human rights activists Peter Tatchell who played a pivotal role in the internationalization of the Jamaican dancehall homophobia issue.

It was very reassuring in the organising of the event that there was no shortage of international participants, especially from the developing world. However, funding to attend such events is a major problem with those from poorer parts of the world. The issue of funding and resources is crucial to how research and other work develop in these parts of the world and something which requires serious discussion which will be explored over the two days event.

Some very important issues that conference participants can look forward to discussing is what can be done by those from the Caribbean diaspora and supporters of change to influence the attitude of governments in the Caribbean.

Read more »

Lesbian Ugandan 'BN' wins judicial review of asylum case

Peter Tatchell image via Wikipedia

Source: Morning Star

By Will Stone

A lesbian asylum seeker facing deportation has been granted permission to launch a new High Court bid to block her removal after fresh evidence was unearthed.

An immigration judge originally backed the Home Secretary's decision to remove the 29-year-old Ugandan woman, referred to as "BN," on the grounds that she was not believed to be gay.

But in January the woman was granted an 11th hour injunction that prevented her from being sent back to Uganda after her asylum application was refused.

She faces real risk of persecution in Uganda where there is hostility towards homosexuals from authorities and the public.

Now a High Court judge has ruled that BN was entitled to challenge the Home Secretary's refusal to allow her to make a fresh asylum claim.

The decision was made on the basis of new evidence illustrating the risk she faced, which was provided by Abdurahaman Jafar, appearing for BN.

Mr Jafar said Ugandan MP David Bahati had been seeking to bring in a new law imposing the death penalty for homosexuals.

He added that the Bill had not been passed due to international pressure but had led to increased tension for homosexuals.

In January gay rights campaigner David Kato was beaten to death near the Ugandan capital Kampala after he sued a local newspaper which outed him as homosexual.

The incident resulted in a massive publicity campaign by equality rights activists to stop BN's removal, involving thousands of different web pages in both Britain and Uganda.

Mr Justice Supperstone, sitting in London, said:

"In my judgement it is arguable that the claimant is at risk of persecution because she is 'suspected' of being a lesbian."

The case will now go to a full hearing to decide whether she is entitled to make a fresh claim.

Backing the judge's ruling human rights campaigner Peter Tatchell said:

"Any gay or lesbian person fleeing Uganda has a well-founded fear of persecution.

"Already homosexuality carries a maximum penalty of life imprisonment. Homophobic police harassment and mob violence are routine.

"If this woman is returned to Uganda and it is known or perceived that she is a lesbian she will be at serious risk of victimisation."

Sarabjit Singh, appearing for the Home Secretary, argued there was a lack of evidence that BN would face persecution.

Related articles

• The tortured Ugandan lesbian the UK wants to send back (madikazemi.blogspot.com)
• Another arrested, tortured gay Ugandan that Britain wants to deport (madikazemi.blogspot.com)
• What happens if Uganda's 'kill the gays' bill passes? How can the World help then? (madikazemi.blogspot.com)

Audio: Fleeing Sri Lanka and Senegal: LGBT asylum seekers in the UK

Camden Community Radio celebrates Refugee Week with interviews with:

• Hari, a gay asylum seeker from Sri Lanka, talks about how his blog, written from Jaffna, got him into serious and life-threatening trouble with the Tamil Tigers. After moving to Colombo his blogging gets him into more trouble with the government.
• Peter Tatchell about the issues facing LGBT refugees and asylum seekers from Sri Lanka and how these are denied by the Home Office. Tatchell explains how the threat from families of 'honour killing' is not recognised.
• A gay asylum seeker from Senegal. After being rejected by his family he is forced onto the streets and into prostitution to survive. There he is attacked several times and nearly killed. Helped to escape he gets to Spain, but that proved to be dangerous as well.

• Presented by: Jayson Mansaray

• Tamil Lesbian/Gay (lgbtq) Refugees & Asylum Seekers
  Community Support Group for Tamil speaking Lesbian/Gay/Bi/Trans Refugees and Asylum Seekers (UK)

Related articles

• The testimony of a veteran worker for LGBT asylum seekers (madikazemi.blogspot.com)
• Major campaign launched for LGBT asylum seekers in UK, call for their removal from 'fast track' to removal (madikazemi.blogspot.com)

Commonwealth leader responds to criticism by Peter Tatchell

Kamalesh Sharma image by cdelondon via Flickr

By Paul Canning

The leader of the Commonwealth, Kamalesh Sharma, has responded to criticism of him published in the Guardian newspaper by human rights activist Peter Tatchell.

Tatchell wrote that "the Commonwealth is a bastion of global homophobia."

He cited state-sanctioned threats and repression in Malawi, Uganda, Gambia, Malaysia, Cameroon and Nigeria.

Tatchell wrote that Sharma:

"Stands accused of a systematic, persistent and wilful failure to condemn homophobic discrimination and violence."

Sharma did not strongly condemn of Malawi's arrest and jailing of Steven Monjeza and Tiwonge Chimbalanga on charges of homosexuality last year, says Tatchell. He describes Sharma's criticism of Uganda's anti-homosexuality bill as "muted". He notes that Sharma has said: "The bill is now in the Ugandan parliament – in any Commonwealth country, that is exactly where such a national issue should be debated. Let us see what the people of Uganda decide."

Wrote Tatchell:

"This quasi-neutral stance is hardly what we expect when a Commonwealth member state is proposing to execute its own citizens for consenting, victimless behaviour." 

"If the secretary-general can't robustly defend universal human rights and equality for LGBT people, he is unfit for high office and should resign."

In an article clearly responding to Tatchell for Kenya's Nairobi Star, Sharma claims that "human rights are a top priority in the Commonwealth."

He says that because the 2009 'Affirmation of Commonwealth Values and Principles', agreed by all Heads of Government includes the words "...for all without discrimination on any grounds..." this includes discrimination on grounds of sexual orientation.

Sharma points out that change on attitudes to homosexuality in the UK has been gradual - and he cites the anti-gay tactics used against Tatchell's candidacy in the infamous Bermondsey parliamentary by-election in 1983.

"Considering that the vast majority of Commonwealth member countries are less than 50 years old it is remarkable how rapidly they have adopted the values and freedoms taken for granted in countries with far longer histories of self-determination," he writes.

Sharma claims that work is going on 'behind the scenes'.

"This sometimes leads to a perception that we are inactive or silent on certain issues. This could not be further from the truth."

He cites work on ratification of human rights treaties, aiding countries with UN human rights periodic reviews (which have consistently included questioning on LGBT rights), the establishment of various National Human Rights Institutions (NHRIs) and working with human rights NGOs.

He claims that:

"I have consistently made it clear publicly that we deplore hate crimes of any nature and the vilification and targeting of gay and lesbian people runs counter to the fundamental values of the Commonwealth."

Sharma appears to agree with Tatchell that countries are "challenged ... with issues of unjust criminalisation found in colonial current domestic legislation."

"If attitudes are to change, if homophobia is to be challenged - as it should - and if laws on homosexuality are to be reformed the best hope lies in democratic and legal processes." 

"The Commonwealth operates through encouragement not coercion. Ours is the helping hand not the publicly wagging finger used by others. That is how progress on human rights has been best achieved in the Commonwealth."

Sharma does not directly respond to Tatchell's criticism on Malawi or Uganda.

In his article Tatchell points out that Sharma has failed to respond to requests for meetings from himself and other LGBT human rights campaigners. Perhaps this apparent dialogue via article might be followed up with dialogue face-to-face?

Related articles

• Forum Discusses Action on Uganda Anti-homosexual Bill (mask.org.za)
• Report: ILGA: progress seen in LGBT rights in 2010 (madikazemi.blogspot.com)

LGBTI activist in Uganda believed murdered

Activist David Kato, RIP

Donations can be made in David’s memory to bring more legal and human rights work to Uganda, as well as providing safety and sanctuary for other Ugandans facing persecution by clicking HERE.

Source: Sexual Minorities Uganda (SMUG)

Sexual Minorities Uganda (SMUG) and the entire Ugandan Lesbian, Gay, Bisexual, Transgender, and Intersex Community stands together to condemn the killing of David Kato and call for the Ugandan Government, Civil Society, and Local Communities to protect sexual minorities across Uganda.

David was brutally beaten to death in his home today, 26 January 2011, around 2pm. Across the entire country, straight, lesbian, gay, bisexual, transgender, and intersex Ugandans mourn the loss of David, a dear friend, colleague, teacher, family member, and human rights defender.  

David has been receiving death threats since his face was put on the front page of Rolling Stone Magazine, which called for his death and the death of all homosexuals. David’s death comes directly after the Supreme Court of Uganda ruled that people must stop inciting violence against homosexuals and must respect the right to privacy and human dignity. 

Sexual Minorities Uganda and the Ugandan Lesbian, Gay, Bisexual, Transgender, and Intersex Community call on the Police and the Government of Uganda to seriously investigate the circumstances surrounding David’s death. We also call on religious leaders, political leaders and media houses to stop demonizing sexual minorities in Uganda since doing so creates a climate of violence against gay persons.

Val Kalende, the Chair of the Board at Freedom and Roam Uganda stated that:

“David’s death is a result of the hatred planted in Uganda by U.S Evangelicals in 2009. The Ugandan Government and the so-called U.S Evangelicals must take responsibility for David’s blood!”

Read more »

Gay rights in Africa: now for the good news

Source: The Guardian

By Paul Canning

If all you ever read about gay people in Africa is in the western media (including gay media), you would be forgiven for thinking it's one endless horror story.
This year, we've had the anti-gay riot in the Kenyan town of Mtwapa, the arrest and subsequent pardoning of Steven Monjeza and Tiwonge Chimbalanga in Malawi and, of course, the "gay executions" bill in Uganda.

Largely unnoticed amid all that has been the quickening development of gay communities and movements in many parts of Africa.

In Kenya, for instance, David Kuria – a gay man – is standing for the senate. If elected, he'll be the second openly gay politician in Africa (the first is South Africa's Ian Ollis). Kuria, who is director of the Gay and Lesbian Coalition of Kenya (GALCK), is already well known to Kenyans from frequent TV appearances. His prominence has also resulted in him being targeted by American evangelicals.

Kuria's candidacy for the senate is the latest development in GALCK's "gradualist" strategy, which involves building alliances with civil society groups and talking with religious leaders. This showed its worth in the successful deflation of an anti-gay backlash following the February riot.

The strategy seems to be paying off. "We have to accept [gay] people the way they are and embrace them in the society," the Kenyan special programmes minister Esther Murugi told an HIV/Aids conference last month. Her words ignited a storm but, despite various Christian and Muslim leaders calling for her head, she has refused to resign. Defending her, justice minister Mutula Kilonzo called discrimination in HIV/Aids services a "gross violation of human rights".

Elsewhere – in Zambia and Malawi, for instance – governments are increasingly recognising that tackling HIV/Aids means recognising that gay people exist. The new visibility in Kenya was seen last month when gay people openly joined a march in Nairobi demanding improvements to the Kenyan health system. They were well received, says Kuria.

"Increasingly the movement is becoming mainstreamed as legitimate stakeholders in the civil society," he added. "It is not uncommon to hear people now talk on the issues of sexual minorities in the same sentence with other minorities – this coming from people who only a couple of years, even months ago would not have even listened to such issues."

Here in Britain, it is only relatively recently that we have moved from repression to acceptance, and it took 38 years from the decriminalisation of homosexuality in 1967, through the Thatcher government's Section 28, to arrive at civil partnerships 38 years later. Africa, now, is going through the same process we went through. Increased visibility = increased awareness = increased repression = eventual acceptance?

In Uganda, civil society groups and prominent figures including Bishop Christopher Senyonjo have rallied to defend LGBT rights in the face of a barely disguised genocidal push. In July, the former president of Botswana, Festus Mogae, called for the repeal of sodomy laws. In Cameroon, gay leader Steave Nemande says media coverage of homosexuality is fast improving.

In South Africa two weeks ago a massive march in Soweto said no to the epidemic of "corrective rape" of lesbians. "Anti-gay mob violence remains a problem, but the post-apartheid ANC government has trailblazed," Peter Tatchell says of South Africa. He describes the country's legislative gains (which include gay marriage) as "a beacon for LGBT rights all across Africa".

Pan-African movements like the Coalition of African Lesbians and African Men for Sexual Health and Rights are growing, and now an East African network is under formation. Kuria says: "We have numerous listserves and increasingly we are meeting at the African Commission on Human and People's Rights."

Tatchell points out: "The African Charter on Human and Peoples' Rights – with its guarantees of universal equal treatment and non-discrimination – offers a legal framework for the securing of LGBT equality legislation."

Cary Alan Johnson of the International Gay and Lesbian Human Rights Commission describes the progress of African LGBT movements as astounding:

"Movements are more professionally run, politically smarter, more accountable and transparent, and more diverse. In almost every country, there are emerging organisations and political spaces for queer women, transpeople, those who want to be political, those whose interests are more social. Community centres and safe spaces are emerging continent-wide.

"In the face of much adversity and homophobia, it's actually quite a heady moment."

Audio: Peter Tachell, LGBT asylum hero, awarded Blue Plaque

By Paul Canning

The British human rights campaigner Peter Tatchell has been awarded the unique honour of a Blue Plaque, located on the block of flats he has lived in in South London for many years. Blue Plaques are usually awarded to people who have died but he joked at a ceremony today that he is "very much alive".

LGBT Asylum News pays tribute to Peter for his longstanding work for LGBT asylum seekers.

Over many years working with colleagues in Outrage! and others Peter has both campaigned and personally supported many LGBT fleeing persecution only to face homophobia in the British asylum system. There is no doubt that a number of people now living safely in the UK owe their lives to Peter.

Although Peter's work in this area is not as visible as it has been he still works with and helps individuals and raises the issue behind the scenes and has worked with us on a number of cases, providing invaluable support, advice and contacts. He has also done amazing work supporting many activists in the 'Global South', again often unheralded and unpublicised.

Peter showed his usual humility today and praised the "team" who have supported him over the years. He has refused honours, including entering the House of Lords, previously but this one meant something special as it came from people local to where he lives. He absolutely deserves it.

Source: SE1

Audio of Sir Ian McKellen and Peter Tatchell (NB: audio is patchy)


Audio of Cllr Veronica Ward and Simon Hughes MP (NB: audio is patchy)

Video: 'Guilty of Being Gay'

Source: Australian Refugee Film Festival

NB: This film is not new - it was made in 2008 - but has only just been uploaded to the Internet by the Australian Refugee Film Festival. It features interviews with lawyers and activists. It also interviews a lesbian woman seeking asylum from Sierra Leone whose family pursued her through four African countries as well as Moses Kayiza from Uganda and an activist who supported him who explains the difficulties involved in Moses telling his story, which involved torture and sexual violence. Although much has changed because of the July 2010 Supreme Court decision, much has not. The film talks about the cruelty involved in being given five years 'leave to remain'.

(sound quality is a bit patchy)

Activists outwit Moscow police, hold brief Pride march, avoid beatings

By Paul Canning

LGBT activists defied homophobic Mayor of Moscow Yury Luzhkov and the courts who tried to ban them and paraded a 20-meter long Rainbow flag along a busy street in the centre of the city today.

According to Andy Harley, reporting for UK Gay News, "the police were totally out-witted after falling for all the 'mis-information' put out over the last few days. There was not a policeman in sight as the long flag was paraded for about 500 metres. One cop car arrived about five minutes after the activists has dispersed - and the media were by then doing interviews with both Russian and foreign participants."

A video report by TV1 (France) shows the preparations and interviews Louis-George Tin, Idaho founder.

Activists quickly uploaded this video to YouTube of the brief parade.



Peter Tatchell attending his fourth Moscow Pride called the event a 'flashmob' and tweeted "Up yours mayor luzhkov". In a statement he said:

This was the fifth Moscow Gay Pride and the first one with no arrests and bashings. It was also the first time activists succeeded in staging an uninterrupted parade.

The Russian gay activists have won a big political and moral victory. They staged their Gay Pride march, despite it being banned by the Mayor and the judges, and despite the draconian efforts by the police and FSB security services to prevent it from taking place.

I pay tribute to the courage and ingenuity of the Russian gay and lesbian activists. They outwitted the Mayor and his police henchmen.

Today’s events felt like steeping back into the Soviet era, when protests were routinely banned and suppressed. It is madness that Russian gay rights campaigners are being treated as criminals, just like dissidents in the period of communist dictatorship.

The real criminals are not the peaceful Gay Pride protesters but the Moscow Mayor and judges who banned this protest. They are the law breakers. They should be put on trial for violating the Russian constitution.

The EU, US and UK governments have shamefully failed to condemn the banning of Moscow Gay Pride. They support Gay Pride events in Poland and Latvia, but not in Moscow. Why the double standards?”

Western ambassadors to Russia offered no support to the Moscow Gay Pride organisers. They ignored suggestions that they host Gay Pride events in their embassy grounds and that they fly the gay rainbow flag on Moscow Pride day, 29 May.

Malawi updates: International action to support Tiwonge + Steven

Image via Wikipedia

By Paul Canning

• South African Anglicans call on Zuma to lobby
• Couple split up
• Malawians think 14 years too harsh
• Tatchell on Tiwonge's gender identification
• World wide protests being organised, Madonna starts petition

The Anglican church in southern Africa has called on President Jacob Zuma and the South African government to lobby for the immediate release of two Malawian's, Steven Monjeza and Tiwonge Chimbalanga, sentenced to 14 years in prison for their homosexual relationship.

"We urge them to press for the swift release of these two individuals, who have committed no act of violence or harm against anyone; for the quashing of the sentence against them; and for the repeal of this repressive legislation," the Synod of Bishops of the Anglican Church of Southern Africa said.

"As we have previously stated, though there is a breadth of theological views among us on matters of human sexuality, we are united in opposing the criminalisation of homosexual people.

"We see the sentence that has been handed down to these two individuals as a gross violation of human rights and we therefore strongly condemn such sentences and behaviour towards other human beings."

Edited to add: Zuma has condemned the sentence. The Times (SA) reports:

Challenged by Democratic Alliance MP Dion George to repudiate "this despicable homophobic assault on the human rights and dignity of our brothers and sisters across Africa", Zuma condemned Malawi's imprisonment of two gay men who announced their intention to marry.

Though he said he had already condemned the persecution of the two men, there is no public record of any negative comment from him or from the government.

George told The Times Zuma's condemnation was a welcome breakthrough, but added: "What we need to see now is President Zuma saying this to all his African colleagues across the continent."

Reuters says:

"We have condemned the action taken to arrest people in terms of our constitution," Zuma said about the arrests in Malawi, in response to questions in parliament.

While homosexuality is illegal in most of Africa's 53 nations, including Malawi and Kenya, South Africa in 2006 passed laws recognizing same-sex marriage.

"We need to persuade, we need to make people understand, we need to move with them. We have never adopted a confrontational stance on matters," said Zuma, a polygamist with five wives and 19 children, some with women other than his wives.

The Anglican church in southern Africa also expressed concern at the "violent language" used against the gay community across sub-Saharan Africa, and at the increased legal action being taken against gay individuals, communities and organisations.

"Even in South Africa we are aware of instances of violence against the gay and lesbian community. We therefore appeal to law-makers everywhere to defend the rights of these minorities." It was immoral to permit or support oppression of, or discrimination against, people on the grounds of their sexual orientation, the church said.

Malawian prison authorities have split the couple up, with Steven being transferred to the notorious Zomba prison, which loses one in 20 inmates annually to disease. Peter Tatchell said:

Read more »

Why Dan Savage and others should shut up about African politics

Image via Wikipedia

Source: San Diego Gay & Lesbian News

By Paul Canning

Personal opinion of the Editor

Dan “Rush” Savage is a big fat idiot ... and he's not the only one.

The comparison with Rush Limbaugh, famously skewered by Al Franken in his best-selling book with the same title as this piece, is apt because they both have a history of running their mouths off.

Savage's latest is eye-wateringly idiotic. Reacting to the jailing of the gay couple Steven Monjeza and Tiwonge Chimbalanga in Malawi on Thursday, he said aid should be withdrawn.

He's not the only one. The comment threads have been full of such calls in both the UK and the USA. Joe.My.God, the influential blogger, made Savage's comment the Quote Of The Day.

On Huffington Post, Ben Cohen says "Dan Savage Needs to Shut up About Malawi" and points out that what Savage demands would directly lead to the deaths of thousands of people (unless some other country came in and replaced American aid). Others have pointed out that the USA doesn't aid the kleptomaniac government – “foreign aid” goes to non-government organizations - making Savage's point literally idiotic.

But surely for god's sake, actions taken by us (the West/North) because of the jailing of Malawian gays should be taken which will actually benefit Malawian gays?

Savage, and others, assume that - magically - the USA waves a big stick and Malawi complies. Generously, I'll suggest that he seems to be unaware of the potential for backlash, which could see Malawian gays actually suffering even more than they currently are.

This isn't the first call for aid withdrawal and it's a major topic of debate in Africa. Near universally Africans say “f--k you and your aid, we're independent now, we make our own decisions.”

Last year, similarly “outraged” American gays called for a boycott of Jamaica and its products because that government either turns a blind eye to or its police actually carry out murders of gays (they claim Jamaican gays murder each other).

Jamaican gays told these “activists” that a boycott would be extensively covered in Jamaica's media (in small countries any mention of them overseas is inevitably picked up), this would lead to a backlash and it would put them at serious risk. The Americans said they knew better and a boycott would force the Jamaican government to change. Fortunately that boycott call went nowhere.

Now for a re-run with Africa.

Read more »

Read the judgment against Malawi gay couple; what you can do

By Paul Canning

The Malawian gay couple Tiwonge Chimbalanga and Steven Monjeza have received fourteen years imprisonment - the maximum - for loving each other from magistrate Nyakwawa Usiwa Usiwa.

LGBT Asylum News has obtained a copy of his judgment.
Judgment against Malawi couple

A number of governments have condemned Malawi. Britain said:

"We are deeply dismayed by the conviction for buggery and indecent practices of Mr Tiwonge Chimbalanga and Mr Steven Monjeza. We are also very concerned by the allegations of their mistreatment in police custody."

"The conviction and sentencing to the maximum 14 years' imprisonment of Mr Chimbalanga and Mr Monjeza runs counter to a positive trend. The UK urges the government of Malawi to review its laws to ensure the defence of human rights for all, without discrimination on any grounds."

The White House said in a statement:

"The United States strongly condemns the conviction and harsh sentencing of Steven Monjeza and Tiwonge Chimbalanga in Malawi. The criminalization of sexual orientation and gender identity is unconscionable, and this case mars the human rights record of Malawi. We urge Malawi and all countries to stop using sexual orientation or gender identity as the basis for arrest, detention, or execution."

South Africa's Lesbian + Bisexual Transgender Advocacy Group wants their government to offer the couple asylum.

A petition to the Washington DC Malawian Ambassador has been set up:

Petitions by Change.org|Start a Petition »

Peter Tatchell issued a plea for action in support of them:

There are three things people can do:

FIRST

Send a letter or postcard of support to Steven and Tiwonge. In this difficult time, they need to know that people around the world love and support them. Get all your friends to do the same. Write to:

Tiwonge Chimbalanga and Steven Monjeza, Prisoners, Chichiri Prison, P.O.Box 30117, Blantyre 3, Malawi

SECOND

Email your MP and all your MEPs via this website: www.writetothem.com

Ask your MP and MEPs to protest to the Malawian High Commission in London, and ask them to sign Early Day Motion 564, which protests against the prosecution of Tiwonge and Steven. See here:
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=40143&SESSION=903

THIRD

Make a donation by post or BACS electronic transfer to OutRage!'s Malawi Defence Campaign. OutRage! will use all money donated to support Tiwonge and Steven with food parcels, medicine, clothes, blankets etc. and to help fund the campaign for their release.

By BACS electronic transfer:
Account name: OutRage!
Bank: Alliance and Leicester Commercial Bank, Bootle, Merseyside, GIR 0AA, England, UK
Account number: 77809302
Sort code: 72-00-01

For electronic transfers from overseas (outside the UK), please
ADDITIONALLY quote this code:
IBAN: GB65ALEI72000177809302

By cheque:
Write a cheque payable to “OutRage!” and send to OutRage!, PO Box 17816, London SW14 8WT. Enclose a note giving your name and address and stating that your donation is for the Malawi Defence campaign.

Malawi: An “unjust and cruel” guilty verdict for Steven + Tiwonge

By Paul Canning

The Malawi gay couple at the centre of world attention following their arrest last year have been found guilty of "unnatural acts and gross indecency". They were arrested on 27 December, the day they celebrated their engagement with a party that drew crowds of curious onlookers.

They face a possible prison sentence of 14 years.

"The state has proved beyond reasonable doubt that the two were married," Magistrate Nyakwawa Usiwa said.

The judge convicted both men of engaging in gay sex which he said was "against the order of nature."

The Guardian quoted angry residents and relatives from Machinjiri township, where they live on the outskirts of Blantyre, saying they will not allow them to return home when they are set free.

One comment on the Nyasa Times website was typical:

"I have been waiting for this date to come and am a happy person ever, it shows that Malawi itself is not a colony anymore, it have its on power to reinforce the law without listening to all these useless countries."

Said another:

"I think sentencing them is under estimating the punishment, I would be the first to stone them given chance, how on earth can two men marry?"

But the Guardian also quotes a retired economist, Thindwa, saying: "we are giving them moral support by bringing them food, money and clothes to prison." The couple have also received support from others in Malawi including the lawyers association.

Peter Tatchell has been in continuous communication with them and has issued the following statement:

“This is an outrageous verdict. While Steven and Tiwonge freely confirmed their love for each other, there was was no credible evidence that they had committed any illegal homosexual acts."

“The law under which they were convicted is a discriminatory law that only applies to same-sex relations. It is unconstitutional. Article 20 of Malawi’s constitution guarantees equality and non-discrimination. The law in Malawi is not supposed to discriminate.”

“Malawi's anti-gay laws were not devised by Malawians. They were devised in London in the nineteenth century and imposed on the people of Malawi by the British colonisers and their army of occupation. Before the British came and conquered Malawi, there were no laws against homosexuality. These laws are a foreign imposition. They are not African laws."

“I expect both men will now appeal against the verdict and against any sentence that is handed down. Steven and Tiwonge’s best hope is that a higher court will overturn this unjust, cruel verdict."

“With so much hatred and violence in the world, it is bizarre that any court would criminalise two people for loving each other."

Read more »

'I love Steven so much'

Source: The Guardian

A man whose same-sex "marriage" has become a symbol of the struggle for gay rights in Africa has vowed to become a martyr rather than give in to homophobia, campaigners say. Tiwonge Chimbalanga and his partner Steven Monjeza are facing a possible 14 years in prison with hard labour after becoming the first gay couple in Malawi to declare their commitment in a public ceremony .

Peter Tatchell, the veteran British gay rights campaigner, has maintained contact with the pair at the maximum security Chichiri prison in Blantyre as they prepare to stand trial next week.

Tatchell told the Guardian he received a defiant message from Chimbalanga that said: "I love Steven so much. If people or the world cannot give me the chance and freedom to continue living with him as my lover, then I am better off to die here in prison. Freedom without him is useless and meaningless."

Tatchell, of the rights group Outrage!, also quoted Monjeza – who is described as thin and weak with jaundiced eyes – as saying: "We have come a long way and even if our family relatives are not happy, I will never stop loving Tiwonge."

Chimbalanga, 20, and Monjeza, 26, made history when they committed to marriage at a symbolic ceremony last December – the first same-sex couple to do so in the southern African state, where homosexual acts are illegal.

Two days later, the couple were arrested at their home. Facing taunts and jeers, Chimbalanga, wearing a woman's blouse, and Monjeza appeared in court to answer three charges of unnatural practices between males and gross indecency. They were denied bail, supposedly for their own safety, and have been forced to endure dire conditions in jail.

The couple are due back in court on Tuesday, when magistrate Nyakwawa Usiwa Usiwa will deliver his verdict. Angry residents and relatives from Machinjiri township, on the outskirts of Blantyre, say they will not allow them to return home if they are set free.

"They have given this township a bad name," said Maikolo Phiri, a local vendor.

Zione Monjeza, an aunt of Monjeza, said: "We as a family have been terribly embarrassed to be associated with this gay thing. It's a curse and a big shame. We will chase them away if they are freed."

Nchiteni Monjeza, Monjeza's uncle, said: "I won't drop a tear if they are jailed – they deserve it."

But for others, the couple are social revolutionaries in this impoverished, landlocked nation that usually makes headlines only when someone like Madonna flies in.

Read more »

Malawi: Steven Manjeza Receives Treatment?

Source: African Activist  

Peter Tatchell of Outrage! is disputing this report from the Nyasa Times.

Steven Manjeza and Tiwonge Chimbalanga have been in prison since late December for having a public celebration of their love. Steven Manjeza was ill in prison and not receiving proper medical treatment. After international attention about the issue, the Nyasa Times reports that he is getting the medical care he needs.

Steven Monjeza, one of the gay suspects currently on remand at Chichiri prison, was ill and has been treated for a cough and vomiting at the prison’s clinic.

Monjeza was charged with gross indecency and buggery after he got engaged to Tiwonge Chimbalanga in December last year.

Prison spokesperson, Evance Phiri, confirmed that Monjeza was treated at the prison’s clinic for a cough and vomiting.

How the United Kingdom is Hurting LGBT Rights in Iraq

Photo credit: Jayel Aheram

Source: Change.org

By Michael A. Jones

In recent years, Iraq has become one of the most dangerous places in the world for LGBT people. In the wake of the U.S. invasion and the toppling of Saddam Hussein, scores of LGBT people have been systematically beaten, tortured and murdered in Iraq in what human rights organizations describe as one of the worst anti-gay pograms in the world.

One organization, the U.K.-based "Iraqi LGBT," has become one of the leading global LGBT groups working to help LGBT people escape violence in Iraq. Their leader, Ali Hili, is considered the founder of an "underground railroad" system that helps LGBT people in Iraq leave the country through a network of safe houses. Some activists, including the U.K.'s Peter Tatchell, say that Hili is responsible for bringing anti-gay violence in Iraq to the world's attention.

Yet, for a man who has helped LGBT people seek refuge from brutal thugs, the UK government is not doing Hili any favors. Three years ago, Hili applied for asylum in the UK. Today, his application is still caught up in major government bureaucracy, and now it's having a dramatic impact on Hili's ability to keep Iraqi LGBT operating at full speed.

Concerned about violence in Iraq? If you are, send the UK government and Home secretary Alan Johnson a message that they need to prioritize the asylum application of Ali Hili. Yes, in some cases the phrase "a matter of life and death" is tossed about cavalierly. This is not one of them. Iraqi LGBT is literally saving people from anti-gay death squads. And each day that Hili's application remains caught up in government hiccups, it makes that work all the more harder.

Perhaps the biggest issue here is that until Hili is given asylum, he can't travel. And that's quite the problem when your job is to raise global awareness about anti-gay violence in Iraq. Hili has been asked to speak all over the world, yet each time a request comes in, he has to decline because the U.K. government hasn't acted on his asylum claim.

Instead, Hili has been given rather offensive answers from the U.K.'s Border Agency. Hili has been told that his case just isn't that compelling.

Excuse me, but maybe the U.K. government could give a definition of compelling. Because if Hili's life -- literally running an underground network for persecuted people to escape a violent country -- isn't compelling, then what the hell is?

The real kicker in all of this is that while the U.K. government won't throw Hili a bone regarding his asylum status, they are all too happy to use the information documented by Iraqi LGBT. So they are literally giving credence to Iraqi LGBT's work, and yet telling the founder of the organization that he just needs to deal with government slowness.

As Paul Canning wrote in Pink News last week, that's just unacceptable.

"[Hili] cannot go visit the U.S. Congress. He cannot visit the European parliament. In both places there are very important people, those who can practically help, who want to hear firsthand of the situation [in Iraq]," Canning writes.

While the U.K. government twiddles their thumbs, LGBT people are being targeted in Iraq. Simply put, rather than operate a bureaucracy that runs like molasses, the U.K. government ought to be bending over backwards to make sure that Hili and Iraqi LGBT are able to do their important work. This is a matter of life and death.

Urge the UK Home Secretary to get his act in order, and expedite Hili's request for asylum. Hili's been waiting for three years. How many more years will he have to wait, and how many more LGBT people in Iraq will suffer because of the barriers imposed by the U.K. government on Hili's organization?

Michael Jones is a Change.org Editor. He has worked in the field of human rights communications for a decade, most recently for Harvard Law School.