OPINION: Calls to legislate morality threaten the rights of Kenyans

by Ivy Werimba | galck+
Wednesday, 25 October 2023 08:00 GMT

Anti-LGBTQ protesters and religious activists march against LGBT rights after the Supreme Court upheld the rights of the National Gay and Lesbian Human Rights Commission (NGLHRC) to register, allowing it to formally be recognised as an organisation, in downtown Nairobi, Kenya October 6, 2023. REUTERS/Monicah Mwangi

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* Any views expressed in this opinion piece are those of the author and not of Thomson Reuters Foundation.

We must challenge the narrow and un-African definition of family being used to exclude and isolate LGBTQ+ Kenyans

Ivy Werimba is a communications strategist currently working at galck+, formerly the Gay and Lesbian Coalition of Kenya.

Our parents grew up in a country where their moral opinions and convictions were shaped by their immediate family members and religious institutions. Standing up when an elder approached you was a cultural sign of respect, not a matter of criminal law.

This is changing. As we continue to see the rising moralistic outcry from various countries in Africa, Kenya has slowly been following suit.  In recent times, we have been witnessing a concerning shift in the narrative that seeks to legislate public morality.

Earlier this year, the Supreme Court of Kenya ruled that the National Gay and Lesbian Human Rights Commission (NGLHRC) can be registered by the NGO board. This judgement affirmed that all citizens including those who identify as LGBTQ+ have the constitutional right to associate and predictably, it was followed by a backlash from political and religious leaders.

They questioned the judiciary for making the ruling. The resulting disinformation campaign was peppered with familiar language from claims of recruitment to LGBTQ+ activists being paid to do their work. This narrative distorted the nature of this achievement and misrepresented it as a Western agenda seeking to degrade Kenyan family values.

Kenya has made significant strides in establishing various laws and policies that protect its citizens. The 2010 Kenyan Constitution has allowed for limited but important gains for the rights of sexual and gender minorities in Kenya over the last ten years.

However, the rising movement against LGBTQ+ rights is against the spirit of Kenya’s Bill of Rights and threatens progress in safeguarding equality and human rights.

The propaganda machine is continuing to promote misguided narratives that further marginalise and dehumanise LGBTQ+ people. It is fuelled by conservative ideologies, religious fundamentalism, and political agendas.

The recent marches against LGBTQ+ individuals in the country are just the tip of the iceberg.

Statements made in these “peaceful” protests often target minorities and other vulnerable communities and serve to scapegoat and distract Kenyans from unresolved social injustices. They are now backed by the presence of anti-LGBTQ+ bills seeking to ban homosexuality, consensual same-sex unions, and LGBTQ+ activities and campaigns. In March, parliament passed a motion for a ban on even talking about LGBTQ+ issues in public.

It further emphasises the urgent need for comprehensive legal reform to ensure the protection and fulfilment of the rights of all individuals, regardless of their sexual orientation or gender identity.

Through the Emergency Security Response Mechanism, galck+ has recorded 850 cases of physical and non-physical violence targeting LGBTQ+ persons across the country as of October 2023. This is an alarming increase from the 902 recorded cases by the end of 2022. It is disheartening to witness the threat to human life as the actions of the anti-rights movement expand its influence.

The social stigma also takes a toll on the mental health and well-being of LGBTQ+ individuals in Kenya, resulting in higher rates of depression, anxiety, panic attacks, and suicide. These are the dreadful consequences of verbal and emotional abuse, pervasive violence, conversion practices, discrimination, and exclusion from state-supported social and economic protection measures.

As we grapple with the implications of this growing crusade to criminalise fellow Kenyans, we must challenge the narrow and un-African definition of family being used to exclude and isolate many Kenyans.

We must consider whether these hateful policies truly protect and uplift all families or if they sustain discrimination and harm against those who do not conform. We must reflect on the future we envision for ourselves.

Collective action, open dialogue, and a commitment to the principles of justice and equality are essential in the face of opposition. Only by addressing the root causes and consequences of the anti-rights movement can Kenya continue its journey towards a more inclusive and equitable future.

This story is part of a series supported by HIVOS's Free To Be Me programme

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