LGBTQI+ rights in Africa

Significant strides have been made across the globe in recognising and upholding the rights of sexual minorities, but despite these successes, the past year has also seen major setbacks when it comes to LGBTQI+ rights. This episode talks to human rights defenders from across the African continent, where anti-rights sentiments and regressive legislation is gaining ground.

We talk to Executive Director of Sexual Minorities Uganda (SMUG), Frank Mugisha, who is an openly gay activist in a country that recently passed what is widely considered the harshest anti-homosexuality laws in the world.

Also from Uganda, human rights lawyer Rose Wakikona explains the impact of these laws and their far-reaching implications for the rest of the region.

Finally, we’ll hear from Henry Wackam, who was forced to flee Cameroon because of his sexual orientation. Henry is the founder of Rainbow Refuge Africa, a network for LGBTQI+ refugees and asylum seekers living in South Africa, where he now lives.  

Transcript

Aarti Narsee  0:00  
Hello and welcome to another episode of CIVICUS voices with me Aarti Narsee. Significant strides have been made across the globe in recognizing and upholding the rights of sexual minorities. In the past year, several countries, including Chile and Switzerland finally recognized same sex marriages, while three Caribbean States scrapped colonial laws that criminalize same sex relations. We continue a season about protests by looking at actions and mobilizations around the promotion and protection of LGBTQI plus rights. Because Despite these successes, they have been major setbacks. This is especially true in parts of Africa, where a new wave of homophobic populism is threatening the lives and livelihoods of queer people across the region. On today's show, we'll be talking to activists at the forefront of the fight against Uganda's repressive new anti homosexuality laws, and highlight the challenges that queer refugees and asylum seekers face when they are forced to flee their homes. Let's get started. No way is the widespread societal and institutional discrimination, oppression, persecution and prosecution of sexual minorities more clear than Uganda. In May 2023. The East African countries parliament passed sweeping anti gay legislation that broadened existing laws against homosexuality. The Act which is considered one of the harshest in the world, means that under certain circumstances, sexual minorities could face the death penalty. It also includes provisions that impact activists who are campaigning for equal rights. To tell us more about this we're joined by Frank mugisha, the Executive Director of sexual minorities, Uganda or as they're known, smug. Frank is an openly gay activist in a country with those are few and far between. For the past decade, he has been a prominent voice on the frontlines in the fight for the promotion and protection of the rights of sexual minorities in the region. Frank, thank you so much for joining us.

Frank Mugisha  2:19  
Thank you so much for having me. 

Aarti Narsee  2:20  
Historically, Uganda's judiciary and its laws have been hostile towards sexual minorities. How does this new act differ from previous legislation criminalizing same sex relations?

Frank Mugisha  2:32  
So the legislation criminalize LGBTQ persons for simply speaking out, advocating providing housing premises for any kind of work that is around the rights of LGBTQ persons, whereas the old draconian law that was left behind by the British only punishes the sexual act. So the difference is that this almost erases the entire livelihood of an LGBTQ person. However, these legislative changes impacted on the responses and mobilization efforts of civil society in the country

These legislations have continued toundermine civil liberties and undermine civic space and Uganda's anti gay law, first of all, would punish partners and allies and friends to 20 years in prison for promoting homosexuality for simply saying that it is okay to be LGBTQ, or providing support or speaking out providing platforms, media platforms, to LGBTQ persons, or, you know, advocacy around human rights. So our partners would be criminalized, but also providing space for conferences, workshops and meetings could lead someone being punished so many of our allies have withdrawn from supporting the LGBTQ community and supporting our work. We are seeing the shrinking space for LGBTQ CSOs, but also for the partners that support human rights of LGBTQ persons. We are seeing our national regulator closing down NGOs that support or promote the human rights of LGBTQ persons, including my own organization, sexualities, Uganda, he was shut down by the government last year, and there has been a list that was released that will target other civil society groups, it is threatening, and we do all this at a very high risk.

Aarti Narsee  4:30  
As you've just pointed out, harassment and violence against the LGBTQ plus community, often perpetrated by state officials is a reality. How do you and your colleagues navigate these risks and threats that you are faced with to ensure your own safety?

But what we've done is try and remain consistent and very resilient, that we shall not be silenced either by legislation or by intimidation, speaking out it is our role our constitution guarantees the freedom to express ourselves and speak out for any human rights violations towards any group that is marginalized or any group, a minority group. So that is our rights or have continued to do it that way. But also, we are using quotes of locked petition against this draconian legislation signed into law by the President. And I'm optimistic that we'll be successful, but also by doing advocacy, both regional, national and international and calling on partners and allies, especially within the African region to speak out and tell you Gundams that LGBTQ persons Africans, they have been in Africa for a very long time. So using our own African traditional contexts in advocating for the LGBTQ human rights. Now what is being done by SMUG and its partners in the interim, to support and protect sexual minorities in Uganda, what we're doing at the moment is, first of all, raise and amplify the human rights violations happening on the ground so that partners are aware. And we believe that once we create this awareness, the government will take it into caution to make sure that law enforcement is not violating the human rights of LGBTQ person. But also we're providing the much needed safety and protection by identifying allies and partners that can provide legal support relief in terms of food, alternate, safe housing for our community members, who can no longer stay in the areas where there was taking mental health support for the community that is traumatized by the continuous persecution and prosecution, and also identifying host countries around the world that can take in LGBTQ persons who are fleeing for their safety.

Now, we have seen protests taking place outside Ugandan embassies across the world. What would you say the role is of this protest mobilization? And what do you think international support and solidarity can do for advancing LGBTQIA plus rights in Uganda,

Frank Mugisha  7:07  
is solid solidarity is very nice. And we also appreciate the support of our colleagues and allies and friends who go out and demonstrate and show solidarity with us. So the international community can continue doing that. But also the international community can engage many of our partners and those that have the political power and the will to engage our own authorities. And this can be in a diplomatic way, bilateral way, but engage and show the dangers of having such legislation. Because we're worried that this legislation in Uganda is a ripple effect. So that is why Uganda has been an urgent case to show the international community that if nothing is done, it is spilling over in other African countries.

Speaker 3  7:57  
How can individuals show solidarity and support for the LGBTQI movement in Uganda.

Frank Mugisha  8:02  
individuals can support in many ways, one by reaching out directly to us on the ground and ask how they can help us because it is very difficult sometimes to propose blanket support. But also we need financial support, technical support, we are right now in court trying to petition this legislation. So it would be very good if there's any individuals understand international law very well to reach out and provide us with that support their solidarity, tweeting and following us on social media. And that is really the kind of solidarity we need. Not only looking at Uganda, but also looking at other countries where we're seeing that these registrations are most likely going to be coming up.

Aarti Narsee  8:44  
Talk to us about how this driving human rights regressions even beyond Ugandan borders.

Frank Mugisha  8:49  
This particular legislation or similar legislation is spilling over. We're seeing in Kenya, a member of parliament trying to bring up a similar legislation we're seeing in Zambia, Malawi and other countries in Africa, where legislators are beginning to have conversations that they should bring up similar legislation, including Ghana is in the process of passing an anti gay legislation. So this is affecting the entire continent. But also the backlash is not only in Africa, because we're seeing around the world trans rights being undermined our seeing violence against LGBTQ persons bullying increasingly in schools. So I think it is the conservative movement seems to be winning. So it's about time. There is a global response to this.

Aarti Narsee  9:36  
Frank, thank you so much for joining us on CIVICUS voices.

Frank Mugisha  9:39  
Thank you so much.

Aarti Narsee  9:49  
We're now joined by Ugandan human rights lawyer rose watch Akona who specializes in sexual and reproductive rights. She is part of the legal Will team challenging the act? Rose? In your opinion? What is the significance of this legal battle for the broader LGBTQIA plus rights movement both was in your country and across Africa and globally.

Rose Wakikona  10:14  
Africa has become a front for the cultural wars that are being fought in the US and Europe, and they are being exported into the continent. So we have a lot of white evangelicals who are pushing for this propaganda, that is anti agenda and anti human rights, we have seen them push it within the UN human rights system, where they have now adopted resolutions that are against human rights. But then again, when you come down to the African continent, we see that there is a wave that is ongoing. We see it within the family protection deal that is being adopted in Kenya right now, which is almost a replica of the anti homosexuality Act that was passed in Uganda. But we also see it in Ghana, where they have to build a similar bill and also in Malawi, where this rhetoric is just cutting across. But when you look behind it all, they are the same actors who are pushing for some of these narratives to be adopted as if they are homegrown African values, and they are things that we should uphold as Africans. But the people who are finding are not they are white evangelicals are largely from the US, but also partly from Europe. So again, this is almost like a form of colonization within itself. So as human rights defenders, we need to stand our ground, and be able not to sit in a space to some of these anti rights actors. Otherwise, if we cede one small space, then they are coming for the whole thing. And in against that we have made with the Maputo protocol, with the African charter with the East African Community Charter recognizing human rights, then will be taken away, and then we'll be left with no protections at all. So it becomes very significant because this is space that has been seeded and we have to claim it back.

Aarti Narsee  12:05  
How is the broader human rights community supported your efforts to challenge the act? And what more do you think can be done to help lawyers and activists and contribute to the protection of LGBTQ rights persons in your country?

Rose Wakikona  12:19  
When the bill was being debated in Parliament and the hysteria was ongoing within the country, most of the support that came was external, those are the things which reenergized us and made us think, Oh, you do? We are not so alone. Because within our country itself, you just feel so isolated, because everyone is just involving themselves within the anti LGBTIQ rhetoric. So the human rights community internationally and also regionally just rallied around us. But specifically, when African countries and their President started talking back and saying, No, we are here we are Africans, we are not for this. And we are asking our fellow Africans to say no to eat, it became very critical for us to reclaim the narrative that this is actually we are talking about Africans whose lives are being endangered by this particular bill. We also saw different UN agencies coming and rolling with us, although some of the interventions were a little bit problematic. Like, for example, taking away of the visas and the withdrawing of funding in terms of PEPFAR, given that most of our government in Uganda is almost 70% reliant on donor funding for health budgets, it just backfired because people are like, Oh, so now you're holding us hostage. This is blackmail. And it just reinforces that rhetoric that this is a Western driven agenda. But most of the support that came in the petitions became very important, not just for energizing the people who are on ground, but to show that we are not alone. And we are standing as one solidified voice. So that was very critical. And it's something that I think should actually continue.

Aarti Narsee  14:07  
Finally, what advice would you give to other human rights lawyers and activists who are fighting against discriminatory laws and policies in their own countries?

Rose Wakikona  14:16  
I think what has worked well, for us, especially in Uganda, is the collaborative efforts we have put forward, there is no one singular person who is the face of the fight. As I speak right now, the space is more nuanced. So they cannot point to just one individual to say, Oh, this is the person who is leading the fight. But there are so many people who are just adding a brick or block onto the fight. So those collaborative efforts and the synergies that go into everyone doing or playing their part become very critical and key. So again, relying on your networks, relying on your friends, strengthening those collaborations becomes very important and

Unknown Speaker  14:59  
Rose, thank you so much for joining us and CIVICUS voices.

Aarti Narsee  15:00  
 It's important to link what rose and Frank described to the global anti rights backlash in European countries like Hungary and Poland. And in the USA, we are seeing that LGBTQI plus rights are increasingly being threatened by far right religious groups who are actively working to undermine these rights. These groups are well connected and they are well funded and the hate is being imported to Africa as well. We also have to talk about this backlash in relation to colonial legacies still very much present and entrenched in Africa today. Uganda's law has a far reaching impact and is fueling anti rights sentiments elsewhere. This is particularly dangerous when same sex relationships are already criminalized or banned in more than 30 Other countries on the continent. In this regard, South Africa stands in stark contrast to the rest of the continent, at least on paper. It is one of just 12 countries in the world, and the only one in Africa to explicitly protect LGBTQ plus people in its constitution. It is also the only country on the continent to formally extend protection and offer asylum to lesbian, gay, bisexual, transgender, queer, and intersex individuals.

For more of an on the ground perspective, we'll hear from Henry Wackam, a gay activist and asylum seeker currently living in South Africa. Henry is from Cameroon, a country where queerness is heavily stigmatized by society and with the state has been known to prosecute consensual same sex relationships much more aggressively than most other countries in the world.

Henry Wackam  16:57  
I am Henry from Cameroon, identify as gay person, I had my struggle already accepting who I am. And I'm proud of the LGBTQI plus refugees and asylum seekers community in South Africa. Back then I worked for alternative Cameroon, which is an NGO fighting against HIV stigmatization, and against homophobia. But after that, the word went around to my family that Henry's been seen with not appropriate people in a God acts about the work that I was doing. And I came out Yeah, that's when everything when astray, everything went bad. So after being told that I was cursed, and being cast out, I saw myself as a pariah, I lost my job, the trauma of having that rejection from my family, the trauma of being afraid of the law, because back then we already were conscious, or the Cameroonian law that penalize everyone who's guilty of same sex relationship in a comes with heavy fines. And I took a decision to just pack my bags and leave. I was hoping the countries such as South Africa would have given me a safe haven. I was hopeful that they will be a place for me on this earth, and I will feel included where the system will, instead of casting me aside, accept me for who I am. South Africa has always been a beacon of hope for the LGBTQI plus in Africa, supposedly catering for core community, LGBT communities. I took the decision to come here due to date in South Africa, it's still the best destination for any black LGBT community in Africa. That was a new whole walk. I was like Alice in the wonderland. I was I was happy I was frightened. I was I was yes at made it. However, after 10 years in South Africa, were asked myself, was it the right call to have left hope, in the hopes that I had back then sorry to say, but I have I am hopeless. Now. After 10 years in South Africa in the struggle that I've been through South Africa this far has not catered for the person that I am. I'm still struggling to get access to my documentation, get access to basic needs of basic services. I cannot aspire to work. I am bound to live a life withdrawn. Got me to realize that oh, Henry, you know what? Something needs to be done. So that's where started to network of refugees and asylum seekers LGBTQI plus, and somehow I don't feel alone anymore. Within the network, we have to create a sense of direction to promote a sense of self esteem to boost belonging. I started to the network with 17 people, but now we almost 30 One. And in the network, we have Cameroonian, like me, almost four Nigerians Zimbabwe and three from Uganda. The one from Zambia has left he's been resettled to Canada, some from Malawi. And within the network, we also have some that are not probably part of the refugees or the asylum seekers community, but they are displaced or migrants. So I've never participated at Pride. My first pride here was probably last year at children pride. That was my first Pride where I'm coming from Pride, as always been looked at as, Wow. So people can actually come together and march in, celebrate and be who they are. Pride represent all the beautiful things that gave us a good think of to embrace to eco, to show the world that we are here. And that's what pride represent for many members of the network. It is a place not only to celebrate, it's also the place where we commemorate the fallen, the loss of all those that have been killed, that have had their lives shattered in countries such as Uganda. So that is what pride is for me as a gay person who has been living in fear back home. We are planning to work with other entities so that our participation to pride will be impactful, educative, and will showcase and exhibit not only the crisis of LGBTQI plus refugees in South Africa, but also show them that when it comes to a queer person and LGBTQ A person is not necessarily about only South Africans as citizen, and we are most definitely working on seeing through our activism and advocacy, our communities being well taken care of, because if we do not do that, nobody else will do it. That was

Aarti Narsee  22:04  
Henry Wackam, a gay activist from Cameroon who runs a network for LGBTQI plus asylum seekers and refugees in South Africa. And Henry's story really highlights the difficulties that people face when they flee home. Given that they face multiple oppressions, being queer, but also being an asylum seeker brings an additional level of discrimination. They often face struggle for documentation and access to basic rights. But it's also beautiful to hear Henry's joy of being part of pride, which is an important part of expression and celebration of queer rights. We've heard from activists in Africa who are fighting through legal means against restrictive laws which target sexual minorities, but also queer activists are using the right to protest and expression to advocate for their rights in Istanbul, Turkey. The authorities have banned Pride marches for nine consecutive years, but activists have continued to host pride in defiance LGBTQI plus activists in Poland created posters depicting the Virgin Mary with a rainbow Halo, but they are being criminalized for doing so. For more info have a look at the recently released challenging barriers report by CIVICUS, which investigates civic space limitations and repressions on LGBTQI plus rights in Africa. Remember, you can find civic us online and on Twitter, Facebook and Instagram. Don't forget to subscribe, listen and rate this podcast on your favorite listening app. Thank you to today's guests and to you for joining us on this episode. So because voices is produced by Elena shits, Germaine Greer and the CIVICUS team, my name is Aarti Narsee. And until next time, goodbye