Legal Protection Needs for LGBTI Refugees

For the last two decades, the great lakes and Horn of Africa regions have been shattered by civil war. The protracted conflict emanates from ethnic animosity and/or militias fighting governments in the region. This has caused hundreds of deaths with millions other displaced populations seeking asylum in less volatile countries such as Tanzania, Uganda and Kenya among others.

In situation of war and anarchy, gross human rights violations happen ranging from physical to psychological violence.

Just like any other diverse community, among the displaced population is a group of sexual and gender minorities. Prevalent, the Gay, Lesbians, Bisexual, Transgender and Intersex persons

Apart from conflicts in these regions that constantly puts their lives in jeopardy, LGBTI individuals finds themselves at heightened risk to face sexual and gender based persecution. From time to time, these individuals face gross violations of their human rights since many of these states are characterized by anarchy with no respect to the rule of law. This is coupled by the common assertion that diverse sexual and gender identities are a foreign concept and often blamed for the Africa’s woes which results from the wrath of God. 

This makes 38 of Africa’s 54 countries criminalize same sex relations with countries such as Sudan, Somalia, and some states in Nigeria, punishing homosexual acts by death.

During war, a lot of sexual and gender based violence occur, leaving Both Men and women with a permanent mark in their lives of worthlessness and helplessness. This happens without anyone raising a voice or coming to their rescue. In deed many commentators view this as justified act to same Africa from infiltration by the western culture.

Many men are sodomised by the soldiers during war regardless of their sexual orientation, in what is seen as an attack on their masculinity in a highly patriarchal society. Rape against man is an indication to show him how helpless and weak he is hence being put at the same level with women.    

Many LGBTI survivors of rape during war rarely speak out about it. This principally affects men who prefer to keep it to themselves as they perceive this as a personal problem. This stereotype is further extended to health service providers and social workers who believe that it’s impossible for a man to be raped. Men are mostly seen as the perpetrators rather than the victims.

I write this brief from an experiential point of view shared by LGBTI refugees during my internship at the HIAS Refugee Trust of Kenya (HRTK) in the sexual and gender based violence department as the life skills coach.

LGBTI asylum seekers face a lot of stigma and discrimination from refugee assisting agencies, government officers at boarder points, health providers and the entire society where they live.

On entry to the country of asylum, most LGBTI refugees shy off from disclosing the real reason as to why they face persecution and this happens even at a time when they require medical intervention. They only come out when the situation has deteriorated. This is due to fears of being reprimanded by the concerned authorities.

During my stay at HIAS Kenya, I realized that many LGBTI refugees would allege to have been sodomised in to order to get medical treatment from Refugee agencies rather than admission of their sexuality. It takes a friendly service provider to make them open up and disclosed their sexuality.

LGBTI refugee lacks any information of safe sex practices, as well as LGBTI friendly health providers and other social amenities. It is very hard for them to share their issues and many of the time this leads to depression. Many cannot still understand why they have ‘strange’ attraction acme to the problems they go through as a displaced population.

Once LGBTI Refugees enter Kenya, things are not any better. Homosexuality is criminalized in Kenya’s Penal code section 162, 163, 165, with a sentence of between 7-14yrs. Though only the sexual activity is criminalized many Kenyans perceive this to mean that everything about homosexuality is criminalized. A doctor will deny one services for fear of contravening the law and so do other service providers. The security officers also take this opportunity to blackmail and extort LGBTI individuals here in Kenya. This make lives of LGBTI refugees even harder. Many live in twofold fear, being harassed for being non citizen and the fact that they have a different sexual orientation or gender identity.

LGBTI Refugee suffer from financial constraints since many citizens fear employing them, left with no choice, many turn to survival sex. Sex work is criminal in Kenya and many sex workers are continually harassed by security officers. Sex work is hazardous, resulting to all manner of abuses. This includes arbitrary arrests, physical abuse and refusal to pay by their clients.

Similarly, LGBTI Refugees face huge housing problem.  I remember once when I working as the Communication Officer at the Gay and Lesbian Coalition of Kenya (GALCK), I was interviewed by a researcher from South Africa on the position of LGBTI refugee in Kenya and how the local CSO were prepared to handle them. To be sincere even with consultation with the General Manager I realized that there exists a huge gap since no one had envisioned how GALCK as the national LGBTI organization could help LGBTI refugees. In fact GALCK had a safe house policy which catered for local LGBT’s only. There was nothing about LGBTI refugee and so even hosting one in the safe house meant acting irregularly. This meant that even genuine LGBTI Refugees facing heightened risk could not seek refuge at the safe shelter.

Conclusion

The LGBTI Refugees face persecution in their country of origin and continues to face violence and psychological trauma in the country of asylum. In particular, many suffer brutal attack leading to hospitalization and in some instances death. In Kenya, many suffer both sexual abuse and labor exploitation. Some rogue individuals in the host communities take advantage of the needy situation and gullibility to rape LBGBTI refugees under the pretext of offering them protection, accommodation and shelter. This is a violation of their sexual rights. LGBTI Refugees are mainly targets of sexual abuse and violence based on their sexual orientation and gender identity in a highly homophobic society.  In some instances, LGBTI Refugee report cases of abduction, where they are turned to sex slave and sexually violated on a regular basis.  This is violation of his rights and freedoms, particularly the right to the security of the person.

LGBTI Refugee are subjected to inhuman and degrading treatment by being exposed to multiple abused of their righting making them live in great fears mainly those engaging in survivor sex.  The LGBTI Refugees inability to report these attacks to the police because of fears of repercussions as well their distrust that the local police will assist and protect them; further aggravate the threats to their physical safety. Left with limited sources of financiers, many opt to look for free accommodation in the host communities which is pinpointing of their vulnerability and lack of support in the country of asylum.

The LGBTI Refugee’s experiences in the country of asylum, have curtailed their right to enjoy asylum, thus rendering their continued stay in the country of asylum hazardous and seriously threaten his fundamental rights including that to the security of the person.  These necessitate appreciation of the existence of this category of refugees facing sexual and gender persecution and formulation of the necessary legal frame work to make their lives better in the country of asylum. 

I support Obama’s Remarks on Homosexuality in Africa

What the fuss? Obama remarks are well in context. Did he stutter? He said whatever he stands for, Equality for all. For a long time, Homophobia in Africa (wherever the source) has been used by African bigots to divert attention from her many critical problems she face....It’s regrettable that our government finds time to police morals in ourbedrooms, Whereas thousands lose their lives daily due to the heightened insecurity in the region.

I wonder why our governments should take sides, and support a morality view held by a section of the public, just because they’re the majority. Is there any valid reason, why they should criminalize same sex relationship between two consenting adults? Who suffers prejudice if gays are allowed to be?... E.G in Kenya Homosexuality is more a question of Morality and not illegality. 

Owing to relativity of morality, I feel we should be very cautious on criminalizing a wrong against morals. Just thinking, if I can’t be charged in a court of law for disobeyed my mother, no matter how immoral it looks, then the same parameters should apply in the Homosexuality debate.

Homosexuality is immoral according to whom? And who defines morals for us? Christians naaah. Hence, I wish our government could realize how expensive it is to police private conduct of her citizenry. The resources, time and energy used should be channeled to other worthy causes.

I feel same sex activity should be decriminalized, because criminalization gives validity to the stigmatizing and discriminatory attitudes and treatment against homosexuals in Africa. In conclusion, I insist the government has no interest whatsoever on what two consenting adults do behind closed door.

Warm Regards,
Sakata Maina

‘Religious beliefs’ are ‘standing in the way of protecting human rights of LGB people'

When people site religious or cultural values as a reason to violate or no to protect the human rights of Lesbian Gays and Bisexual  citizens, this is not unlike the justification offered toward violence against women or female genital mutilations. Some people still defend those practices as part of a cultural tradition but violence towards women is not cultural is criminal.

Likewise with slavery what was once justify as sanctioned by God, is now properly referred as unquestionable violation of human rights, in each of this cases we came to learn that no practice or tradition  triumph the human right that belong to all of us.

And this not true for inflicting violence on LGB people, criminalizing their status or behaviors, expelling them from their families, and  communities or explicitly accepting their killings, Of course we note that rarely are cultural or religion traditions and teaching actually in conflict with protection of human rights. Indeed our religion and culture are sources of compassion and inspirations towards our fellow human being. It was not only those who justified slavery that leaned on the religion it was also those who sought to abolish it.

And let us keep in mind that our commitment to protect religious freedom and to defend the dignity of LGB people emanates from a common source. For many of us religious brief and practice is a vital source of meaning and identity and fundamental to whom we are as a people. And likewise for most of us the bonds of love in family that we forge are also vital sources of meaning and identity and caring for others is an expression of what it means to be fully human.

It because the human experience is universal that human right are universal and categorize all religion and culture.

homophobic-homosexual

Why should a gay hidden man get to hide in a closet and rebuke out gays at same time?

In my life I have had several encounters with guys that go out of their way to prove to everyone how non-gay “straight” they are only to find out later they weren’t so straight after all. If a thief gets another one being lynched by an angry mob, he would pick the biggest stone maybe to prove how he detests the act.

If a homophobic person is all that straight, and truly comfortable in your own sexuality why do you give a damn about others?  Why do you feel so uncomfortable about gays? These experiences have led me to believe that these same people only do so because they are trying desperately to conceal their own feelings. That’s why.

According to a study by the American Psychological Association (APA), Psychoanalytic theory (definition and dynamics of personality development ), holds that homophobia -- the fear, anxiety, anger, discomfort and aversion that some ostensibly heterosexual people hold for gay individuals -- is the result of repressed homosexual urges that the person is either unaware of or denies.

Another Research experimented by the University of Georgia involving 35 homophobic men and 29 non-homophobic men as measured by the Index of Homophobia scale. All the participants selected for the study described themselves as exclusively heterosexual both in terms of sexual arousal and experience.

Each participant was exposed to sexually explicit erotic stimuli consisting of heterosexual, male homosexual and lesbian videotapes. Their degree of sexual arousal was measured by penile plethysmography, which precisely measures and records male erecting levels.

Men in both groups were aroused by about the same degree by the video depicting heterosexual sexual behavior and by the video showing two women engaged in sexual behavior. The only significant difference in degree of arousal between the two groups occurred when they viewed the video depicting male homosexual sex: 'The homophobic men showed a significant increase in penile circumference to the male homosexual video, but the control (non-homophobic) men did not.'

Though some scholars argue using another theory of “anxiety” trying to explain that maybe the Homophobic men aroused because they might be anxious, since “anxiety has been shown to enhance arousal and erection”.
But going by my own personal experience I concur with the first theory. Homophobes are gay in denial. “They get into my nerve” You update a suggestive status on face book and there are the first ones to protest its “unnatural, un African, un Godly “you may think some are holy Mary mother of God.

Why feel so insecure. I “do not hit on anyone or anything” we must be mutually attracted to each other.

Life is hard enough, rising cost of living, food prices sky high so is it logical for a homophobe to waste so much calories hating gays?All this are intrigues of gay life. An out gay wants others to be out when the hidden one is hypocritical and shouts loudest against it.

Sometimes I feel the hidden gay man who demonises homosexuality deserve to be outed. Isn't a homophobic homosexual fighting an out gay man worse than being a gay man who is scared? The hidden gay man who makes Public derogatory comments about out gay man will himself beg for individuals to cover him ones he is caught practicing homosexual behavior in private.

Call it blackmail or whatever you wish; I look forward to the day when these entire homophobic homosexual will be named and ashamed. And if you are a gay man who knows another gay man is homophobic yet you engage in sexual activity with him shame on you.

Get over it, if you are gay and try to hide it by shouting loudest against homosexual, you never know when fate will out you. The injustices that we have suffered in your attempt to live double life and cheating the public will come haunting you. If you are a gay clergy, what about keeping off gay matters?.

Any time I am in church and the preacher quotes the holy book and how homosexuals will be locked out with dogs. It makes me feel like I can throw a shoe at him and wonder how many of these religious fundamentalists are as hypocritical as he is. “I know i will go to hell” according to homophobes but still I love God and I do not insult him, he did not assign me a sexual orientation that will lead me to hell. After all he is the Judge.

How to talk about being gay

I get a lot of email from guys who want to talk to friends about being gay. In some cases they want to tell their friend they are Gay. Sometimes they want to know if a friend is. The really hard part is deciding how to bring the subject up.

Here is my suggestions

Bring up the subject casually by asking if they have crush on anyone. You could try asking who they think is cute. Talking about celebrities or people you both know can open the topic without giving away that you are gay. Bring up the gay issue with them.

Try to pick a current topic for discussion by asking them what they think of gay marriage or gays in the military or similar item. From their answers you will be able to get an idea if they are homophobic or not. It's safe to talk about celebrities. Ask if they watch some current tv program with gay or lesbian characters. Talk about the show and watch how your friend responds. For example, if there is a news story about female celebrities kissing ask if your friend has ever or would consider kissing another girl. Speak up and let people know how you feel. If someone tells a gay joke, make a point of saying that you don't think it was funny. If someone calls someone else a "fag" or says something disrespectful about gays, b sure to stand up for them.

Is there someone in your school or circle of friends that is gay, lesbian or bisexual? If so, mention that person's name and see how you friend reacts. Not getting anywhere with the above steps? You my decide it's time to be more blunt by asking the big question, "Are you ……?" or hint that you've been thinking about another guy or girl as the case may be. Also be prepared that they may turn the question around to your own sexuality. In all the above relax and remain cool. Discussing sexual orientation can be very stressful so think about it carefully before you begin.

Tips: Don't press the subject if you see your friend is uncomfortable. Drop it and change the subject. Don't just ask someone about their sexual orientation unless you are good friends with them. Chose the right time and place for the conversation. Someplace private where you cannot be overheard and are not likely to be interrupted is important. Start without admitting your orientation. Instead of saying, "I'm gay (or lesbian)," try "I think I might be gay (or lesbian)." Instead of asking your friend if he is gay. Ask, "Have you ever felt attracted to another boy?" This is  easier on your friend and doesn't broadcast that you think he is definitely gay.

Spirituality and sexual orientation

Those who claim Jesus of Nazareth primarily came on earth to get us into heaven  must deal with today's gospel pericope.

The man asks Jesus a simple question: "What do I have to do to get into heaven?" Jesus responds just as simply: "Keep the commandments."

When he answers, "All these I've observed from my youth," Jesus could only have
said, "Don't worry! You're going to go to heaven." He seems to have presumed good
Jews were already getting into heaven without his help. But it's clear Jesus wanted
to take his followers beyond this bare minimum of just getting into heaven. His
ministry revolved around helping people experience the "kingdom of God" long before their physical death; making them aware of God working effectively in their everyday lives, the one experience the young man lacks. We can keep all the laws, get into heaven, but never experience God here and now.

Why would anyone reject a call to step up into such a fulfilling, fascinating level
of life?

Already in chapter 1, in his first public proclamation, Jesus spoke of the repentance
necessary to experience God's kingdom: a complete change in one's value system.
Throughout his ministry his goal is to help his followers focus on people and things
they had barely noticed before he came into their lives. It's this "metanoia" -
this complete reshaping of one's life - that this man rejects. He simply can't make
people more important than his wealth.

When the disciples respond to Jesus' "snowball in hell" example by asking, "Then
who can be saved?" they're not referring to getting into heaven - Jesus already
assured the man that he was on the road to eternal salvation - they're referring
to being saved right here and now by entering God's present kingdom. Thankfully
Jesus assures them that God can make the impossible, possible. God can help anyone
"go against type" and focus on the things and people on which God focuses.

The Wisdom author is certainly on the same path as Jesus. By "wisdom" he means an
ability to find patterns in the way God works in the world. Nothing, not wealth,
health, or good looks, should stop his readers from engaging in such a quest. "All
good things together came to me in her company, and countless riches at her hands."
Poverty with wisdom is much more rewarding than wealth without wisdom.

But no one sums up Jesus' teaching better than the author of the letter of James
in today's pericope. The historical Jesus, like the historical Deutero-Isaiah,
based his whole ministry on God's word. He had no power, no authority. He simply
delivered God's word. People either accepted or rejected it. Yet, as our writer
discovered, that word is "... living and effective, sharper than any two-edged
sword, penetrating even between soul and spirit, joints and marrow, and able to
discern reflections and thoughts of the heart." No matter how you grab that word,
it cuts - for better or for worse.

Spiritual author Jack Shea perfectly summed up the historical Jesus' ministry. The
Galilean carpenter simply answered three questions. What do you want out of life?
Where do you get it? How much does it cost?

If you want to experience God working in your everyday life, he'll tell you on what
and whom to focus. But, of course that Jesus-focus will demand a complete change
in your life's orientation. No wonder Robert North, the famous biblical archeologist
is so adamant that Jesus never expected his followers to be more than a small minority in the community. Everyone wants to get into heaven. But only a few are willing  to pay the price of beginning that heaven before they actually enter the pearly  gates.

Kenya- Cleopatra as Milestone

In March 1996 Tonny Kimani, a CNN employee, asked Peter Daino to walk with him at 9 P.M. down Kenyatta Avenue (The Main Street of Nairobi). As they walked down that long avenue Peter met at every street corner a male prostitute. Tonny knew each of them and would greet them and joke around with them. They called Tonny, Cleopatra. The next day Tonny asked Peter, “What are you going to do for these guys? You’ve helped the female sex-workers, so how are you going to help the male sex-workers?” Peter said that he did not know what they needed. The women had met at the Marianist Parlor for six months and over this time shared their problems, needs, hopes, and dreams. How can these men meet and share in the same way about their lives.     CLEOPATRA

“A Musical!” Tonny said. “We will write a musical about Cleopatra. She will judge the modern day criminals who are ruining Kenya. The judgments will take place in her throne-room. I will ask all the guys you saw on the street corners to be actors and dancers. If I invite them I know that they will come. And, dear Peter, I will be Cleopatra!” Tonny had great prestige among the male sex-workers, maybe because he was unashamed of his sexuality, and because he was a successful well-paid person in the media. Most of the male sex-workers did come to the audition and all were accepted into the show.  Peter helped to write the play and he got funding from the Dutch Catholic Church to stage it. The plan was to spend half an hour at the end of each rehearsal to talk about the problems these young men were facing and what the church could do to make their lives better. There was also a full day set aside for a workshop at the Benedictine Monastery in Nairobi for a longer, more in-depth conversation.

Cleopatra was the first gay play ever to be staged in Kenya and there was great opposition to it. After rehearsal the actors and dancers were often jumped outside the theater, and roughed up by homophobic thugs. A few of the dancers were severely beaten. The director of the Musical, after having air let out of her tires almost nightly, was so afraid that she finally resigned, and Tonny took over as the director. The rehearsals took place at the National Theater where the show was going to be staged. The theater manager received many threatening phone calls, she was told that the theater would be burned to the ground if the show went on. BUT THE SHOW WENT ON!

In order to make it possible for Cleopatra to know about the criminals ruining Kenya Peter had written into the play a character called Brother Mario. He was a Marianist who thought he had been Cleopatra in a former life. The show opens with Brother Mario speaking to a psychologist assigned to him by the Prior of his Order. Brother Mario is telling the psychologist about a dream he had... “I see myself sitting on a splendid throne, raised up on a painted dias, 20 steps above the prisoner-dock where the oppressors will be judged..” Then the lights go up on the scene Mario has described and for the rest of the play Cleopatra holds court and rights the wrongs of Kenyan society, punishing: land grabbers, corrupt politicians, and those who persecute gay people.

Peter gathered together the suggestions made by the male sex-workers and presented his report to the Archbishop of Nairobi, Raphael Ndingi. Peter told the Archbishop that the greatest need was for a safe meeting place where the men could gather and keep discussing how to make their lives better. The place where they had been meeting, the public toilet, was not a safe place, and robbed the men of their dignity. Peter mentioned vocational training but did not emphasize it. He also did not recommend the Dignity approach but the Courage approach because he was afraid the Archbishop would reject Dignity. Peter did not especially like the philosophy of Courage but he thought it was in reach, it had the best chance of being approved.

The Archbishop received the report and NOTHING happened. That was 1997 and 15 years went by and the Catholic Church did nothing. Tonny and some of the dancers did start an organization called ISHTAR. It was the first gay organization in Kenya. ISHTAR still exists and it advocates for the rights of gay people. The most important right is the right not to be arrested for being gay which is against the law. A person convicted of being gay can be put in prison for 7 to 14 years.