Efemia Chela

Globetrotter Media

The National Gay and Lesbian Human Rights Commission (NGLHRC) gained a historic win at the Kenyan Supreme Court on February 24, 2023.

It was finally able to register as an official nongovernmental organization (NGO), after a 10-year legal battle in a country where homosexuality is outlawed.

However, the LGBTQ+ community’s celebrations were cut short by a wave of backlash.

A day later, local organizations reported an immediate increase in “verbal and physical attacks,” and <a href="https://www.hrw.org/report/2015/09/28/issue-violence/attacks-lgbt-people-kenyas-coast">in coastal cities</a>, large anti-LGBTQ+ demonstrations were held.

Similar battles are currently being waged across Africa over what count as legitimate ways of loving and whose persecution is justified.

Queerphobic rhetoric is used by politicians for narrow political gain. Ghanaian anti-LGTBQ+ campaigner Sam George said that <a href="https://cddgh.org/fact-checking-the-cnn-interview-with-ghanaian-mp-over-proposed-anti-gay-bill-in-ghana/">“Ghanaian culture forbids homosexuality”</a> and Kenyan MP Farah Maalim characterized existing as a person who is LGTBTQ+ as being “worse than murder”.

Old colonial laws that criminalized same-sex activity and gender variance were left intact after countries gained independence.

Many Africans remained ignorant about precolonial Africa where queerness was present and regularly celebrated, because those histories were maligned.

Today these colonial-era laws are still used to oppress LGBTQ+ Africans, who receive no state support and also find their attempts to support each other hindered by bigotry.

<h3>State-sponsored homophobia in Africa</h3>

In the 21st century, Western influence has intensified state-sponsored homophobia in Africa.

This form of neocolonialism mimics the initial colonization of Africa through Christian missionaries. Since 2007, at least $54 million from right-wing U.S. churches has flooded the continent to fight “against LGBT rights and access to safe abortion, contraceptives, and comprehensive sexuality education”.

Prominent anti-LGBTQ+ politicians such as Ugandan Minister of State for Trade, Industry, and Cooperatives David Bahati <a href="https://www.opendemocracy.net/en/5050/africa-us-christian-right-50m/">have received</a> $20 million to campaign heavily for more draconian legislation.

It is perhaps no surprise then that in Uganda on March 21, 2023, <a href="https://www.pulse.ug/news/we-stand-by-our-position-on-anti-homosexuality-bill-among/c42gkcn">a new law was passed</a> that will “make homosexual acts punishable by death.”

Ugandan Minister of State for Trade, Industry and Co-operatives, David Bahati

Other sources of money are being levied positively to support LGBTQ+ people. The Trans and Queer Fund (TQF) is a hopeful example of grassroots organising grounded in socialist and abolitionist values in Nairobi, Kenya.

<h3>Kenyan organisation supporting LGBTQ+ people living in Nairobi</h3>

The fund was founded in March 2020 by Mumbi Makena, a feminist writer and organiser whom this writer spoke to two days after the NGLHRC win. She formed TQF with her friends during the COVID-19 pandemic.

Over three years, TQF has raised and disbursed an impressive $50,000 and assisted over 1,000 individuals. It supports its community in inventive ways—covering bus fares for people to attend marches and managing furniture donations for those creating transgender safe houses.

<div class="embed"><blockquote class="twitter-tweet"><a href="https://t.co/2arH5BUqqF">https://t.co/2arH5BUqqF</a>&mdash; Trans and Queer Fund (@TransqueerKe) <a href="https://twitter.com/TransqueerKe/status/1613219799290548239?ref_src=twsrc%5Etfw">January 11, 2023</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

</div>

The ease of accessing the Trans and Queer Fund means LGBTQ+ people have somewhere to turn if they get disowned by their families or need money for medical treatment after experiencing homophobic violence.

The mutual aid relies on contributions coming largely from individuals within Kenya, but also from Canada, the United States, and the United Kingdom.

It describes its initiative as “working toward a future where all people are free from imperialism, capitalism, cis heteropatriarchy and ethnonationalism”. It encourages everyone who comes into contact with TQF to try to understand it as a commons, collective resource.

The next step for the group, Makena says, is political education, so both fundraisers and beneficiaries can “start to form radical analyses of what is happening in the world”.

<h3>NGOs are making strides in achieving equal rights for LGBTQ+ Africans</h3>

NGOs have been instrumental in achieving some successes on behalf of LGBTQ+ Africans. For example, they spearheaded advocacy that led to the decriminalization of homosexuality in Botswana and Angola, in <a href="https://www.reuters.com/world/africa/botswana-appeals-court-upholds-ruling-that-decriminalised-gay-sex-2021-11-29/">2019</a> and <a href="https://www.hrw.org/news/2019/01/23/angola-decriminalizes-same-sex-conduct">2021</a>, respectively.

But the law has its limitations. Without a shift in social attitudes, societies like South Africa, home to what is described as “the most progressive constitution in the world,” still suffer from homophobic violence and discrimination.

Center for Religion and Public Life petitions Parliament to reject Anti-LGBTQ Bill

In 2019, NGOs tried to get the Kenyan Supreme Court to rule that sections 162 and 165 of the Penal Code, which criminalise homosexuality, were unconstitutional, but <a href="https://www.kelinkenya.org/wp-content/uploads/2019/06/Justice-Denied-No-to-Repeal-162.pdf">the legal petition was&nbsp;unsuccessful</a>.

As Makena points out, solely changing the law doesn’t automatically make LGBTQ+ people safer. She warns against narrowing queer liberation to a liberal rights framework that does not address the everyday realities faced by working-class LGBTQ+ people.

Makena remarks: “We must forge greater solidarities within left movements in Kenya but also with LGBTQ+ people overseas who are often notably silent on the intersections between anti-imperialism and our fight for queer dignity and safety.”

<h3>Homophobic laws affect more than LGBTQ+ community</h3>

A ripple effect of homophobic laws is that they can eliminate support for those with HIV/AIDS and sex workers, two groups that sometimes overlap with the LGBTQ+ community.

Any outreach may be misrepresented as promoting homosexuality, and in the case of the new Uganda law, anyone “abetting homosexuality” will be <a href="https://www.aljazeera.com/news/2023/3/22/uganda-passes-tough-antigay-law-bans-identification-as-lgbtq">punished</a>.

With a continent already facing the repercussions of the ‘global gag rule’ that decreased overseas funding for sexual and reproductive health and rights, this will certainly affect health care for both LGBTQ+ and heterosexual people alike.

Due to the severe consequences of foreign interference, it becomes even more crucial for African countries to fund their own welfare systems.

While intolerance of LGBTQ+ Africans endures, efforts to organize to meet their needs through initiatives like mutual aid endure.

“Long-term,” Makena says, “we don’t want LGBTQ+ people to only be passive beneficiaries of the funds or deradicalised; we want people to reflect on TQF and be active participants in their own liberation, collectively defining the agenda.”

<h3>LGBTQ+ Africans should be allowed to organise for their own freedom</h3>

It is long past time that African communities learned to be more accepting of diversity and acknowledged that all our fates are linked.

It is worth “returning to the source” to rediscover indigenous African cultural traditions around gender variance to enable more flexible responses to gay and transgender people today.

Freedom in its fullest sense includes the right to privacy, and the right to love and build family structures of one’s choosing.

LGBTQ+ Africans, like every other group, should be allowed to organize for their own freedom.

We will continue to, despite the daily challenges to our humanity.

The views and opinions expressed in this article are those of the author and do not necessarily reflect the position of Pulse as its publisher.

Man showing LGBTQIA ribbon on hand [Photo: Anete Lusina]

The National Gay and Lesbian Human Rights Commission (NGLHRC) gained a historic win at the Kenyan Supreme Court on February 24, 2023.

Inside the fight for LGBTQ+ rights in Africa [Pulse Contributor's Opinion]

Politics

Local

World

News

Celebrities

Music

Movies

Entertainment

Sports 

Fashion

Beauty & Health

Relationships & Weddings

Food & Travel

Lifestyle

Domestic

International 

Business

About

Highlights

Selection Criteria

Jury

Terms And Conditions

FAQs

Pulse Influencer Awards

Courses

Careers

Explore categories

Pulse Kenya is the most followed news and entertainment platform in Kenya. It informs and engages young Kenyans around the clock and provides updates by the hour.

Pulselive Kenya

Efemia Chela is an editor, researcher and book publisher. She has an MA in development studies from the University of the Witwatersrand and bylines in respected African publications including the Continent and the Johannesburg Review of Books.

Efemia Chela

Articles written by the author

Inside the fight for LGBTQ+ rights in Africa [Pulse Contributor's Opinion]