Daniel Itai

A Tanzanian man last month sentenced to 30 years in prison after a court convicted him of violating the country’s sodomy law.

According to LGBT VOICE Tanzania, an LGBTQ and intersex rights organization, the Kilwa District Court sentenced Muharami Hassan Nayonga to 30 years in prison after it convicted him of violating Sections 154 and 157 of the country’s Penal Code that criminalize so-called unnatural offenses and “indecent practices between males.”

LGBT VOICE Tanzania said Nayonga was a security guard who lived in Masoko Ward. He was arrested on April 13 “after he used his phone to persuade a young man known as Zalafi Selemani to be intimate with him.”

“After the arrest, Muharami was examined by health professionals who found that he had engaged and engages in unnatural sex,” said LGBT VOICE Tanzania. “He was then brought to court and confessed his crimes where he was sentenced to 30 years in prison by the Resident Magistrate of the Court, Carolina Mtui, under case number 27 of 2023.”

LGBT VOICE Tanzania accused the country’s government of violating Nayonga’s human rights.

“Using Sections 154 and 157 of the Penal Code to persecute LGBTQIA people is a violation of human rights and a violation of the Constitution of the United Republic of Tanzania,” said LGBT VOICE Tanzania.

There have been consistent reports of discrimination and violence against LGBTQ and intersex Tanzanians in recent years. These include murder, assault, harassment and denial of basic rights and services.

The Health Ministry in 2016 prohibited community-based organizations from conducting outreach on HIV prevention to men who have sex with men and other key populations, based on the pretext that such organizations are engaged in the promotion of homosexuality. The ministry also closed drop-in centers that provided HIV testing and other services to key populations. International organizations ran many of these centers, and the government accused them of promoting homosexuality.

The ministry also banned the distribution of lubricant.

A crackdown against LGBTQ and intersex Tanzanians has been underway since 2018; with reports of raids, mass arrests, arbitrary detention and forced anal examinations.

According to Daniel Marari, a human rights lawyer and researcher, most Tanzanians strongly oppose LGBTQ and intersex rights on the assumption that non-traditional sexual orientation or gender identity is ungodly and immoral.

“While acknowledging the presence of LGBT people in the Tanzanian society, many anti-LGBT actors find it easy to demonize the issue as un-African, and a western invention as there is no such thing as a right to homosexuality. Those who are quick to condemn homosexuality hardly bother to reflect on the scientific aspects of sexual orientation or gender identity,” said Marari.

Marari also stressed LGBTQ and intersex Tanzanians are not asking for any special rights but basic human rights like every other citizen.

“What LGBT people are asking for is the fulfillment of the Constitutional promise of equality and there is nothing specifically western about that. Tanzania has ratified international and regional treaties guaranteeing basic rights including the right of minorities and vulnerable groups and it is time it lives up to its promises,” said Marari. “There is no doubt that the criminalization of private consensual homosexual acts between adults affects the private lives of LGBT people as they cannot express their sexual or gender identity without being liable to prosecution.” 

“Even where there is justification to restrict homosexual relationships so as to protect special groups like children or other vulnerable persons from sexual abuse, just as heterosexual relationships can be restricted on the same grounds, that argument would not justify all-inclusive criminal sanctions where persons involved are consenting adults,” added Marari.

Consensual same-sex sexual relations remain prohibited in Tanzania, and anyone convicted under the country’s sodomy law faces up to life in prison.

A 2022 Human Rights Watch report shows LGBTQ and intersex people in Cameroon continue to suffer persecution and abuse.

The Penal Code of 2016 criminalizes consensual same-sex sexual activity for both men and women. It carries a maximum penalty of five years in prison and a fine. Cameroon’s first penal code, which was adopted in 1965, did not criminalize homosexuality, but a 1972 amendment made consensual same-sex sexual activity illegal.

“In 2022, armed groups and government forces committed human rights abuses, including unlawful killings, across Cameroon’s Anglophone regions and in the Far North region and the persecution of LGBT people and mob attacks against members of the LGBT community intensified,” notes the report. 

The report notes security forces from March to May 2022 “arbitrarily arrested” at least six people and detained 11 others “for alleged consensual same-sex conduct and gender nonconformity.”

Human Rights Watch indicates a crowd of eight men armed with machetes, knives, sticks and wooden planks attacked a group of at least LGBTQ and intersex people in April 2022. Cameroonian police detained and beat at least two of the victims, according to the report. 

Tembeng Eli-Ann Anwi, a Cameroonian gender rights activist, said religion also plays a pivotal role in the ostracization of LGBTQ and intersex people.

“Identifying as 2SLGBTQIA+ is still a crime in Cameroon as per our Penal Code. Even though we are rectifying laws on gender equality, our government still finds it a criminal offence because it is still a crime and doing it publicly is bad, as any crime in Cameroon with evidence is a punishable offense,” said Anwi. “Moreso, if we look in the Bible, Sodom and Gomorrah were destroyed partly because this was practised there and for Christians, we know just the relationship between a man and a woman and not people of the same gender. 

“So to protect the people of this rainbow nation, they have to go to where it is being accepted, if you think it is right, come out and advocate for your beliefs, but do not forcefully engage people in your circle,” added Anwi. “However, not everyone or every society goes with every belief so to be safe you have to practice yours in your closet till the day it is legal, but people should not judge people for who they are.” 

Blaise Chamango, director of Human Is Right, a Cameroonian NGO, said the police use the Penal Code to justify the arbitrary arrests of LGBTQ and intersex people.

“Section 346 of the Cameroon Penal Code condemns homosexuality in Cameroon so the police officers use this as a pretext to keep harassing LGBT persons and subjecting them to illegal detention,” said Chamango. “As a result, those who identify as LGBT are constantly under attack from the community because it is something which is new and strange to many here, in some communities which are still very traditional it is even a taboo to mention that as some people are hostile to LGBT and do not want to associate with them.”

Chamango, like Anwi, noted religion in Cameroon “is strongly against the LGBT community as most religious leaders here abhor the practice and discourage believers to associate or accept identifying as LGBT as being normal.”

Nevertheless, we need to empower civil society organizations to carry out sensitization campaigns to promote a culture of tolerance and coexisting with LGBT persons and the rest of the society,” said Chamango. “It is also important to provide technical and material support to such organizations so as to provide legal support to LGBT persons who are victims of abuses.”

The State Department’s 2021 human rights report notes numerous cases of authorities arresting LGBTQ and intersex Cameroonians and abusing them while in their custody. Violence and discrimination based on sexual orientation, gender identity and HIV status were also commonplace in the country.

“The constitution prescribes equal rights for all citizens; however, the law does not explicitly prohibit discrimination against LGBTQI+ persons in housing, employment, nationality and access to government services such as health care,” notes the report. “Security forces sometimes harassed persons based on their perceived sexual orientation or gender identity, including individuals found with condoms and lubricants. Fear of exposure affected individuals’ willingness to access HIV and AIDS services, and several HIV positive men who had sex with men reportedly were partnered with women, in part to conceal their sexual orientation. Anecdotal reports suggested some discrimination occurred in places of employment with respect to sexual orientation.”

U.S. Ambassador to Cameroon Christopher Lamora is openly gay.

The Washington Blade has reached out to the State Department for comment on the Human Rights Watch report.

M23 rebels in Congo’s North Kivu province have displaced a number of transgender people and left them even more vulnerable to persecution.

M23 rebels last November approached Goma, the province’s capital city, and forced around 180,000 people to leave their homes. Jérémie Safari, coordinator of Rainbow Sunrise Mapambazuko, a Congolese LGBTQ and intersex rights group, told the Washington Blade that residents of the Kibumba camp where displaced people have settled have refused to assist trans people and have accused them of being sorcerers.

“Trans people went (through) war like everyone else,” said Safari. “In the Kibumba camp where the displaced have settled, the local community there has refused trans people access, accusing them of being sorcerers, bad luck charms and of being the origin of the war following their evil practice.” 

Safari said other displaced people who did not want trans women in the camp have attacked them. Safari said these trans women currently sleep in the street in Kibumba without food.

Safari, in addition, said the government has done little to help these displaced trans people, even though consensual same-sex sexual relations are not criminalized in the country.

“The displaced people received help but not the trans people since they do not live in the camp and also the government is still extremely hostile towards LGBTIQA+ organizations in the DRC (Democratic Republic of the Congo). No LGBTQA+ organization can be legally recognized by the Congolese State,” said Safari.

Safari said Rainbow Sunrise Mapambazuko currently needs funds to provide housing, food and medicine to the displaced trans people.

“If we could have $7,000 (U.S. dollars) firstly for their survival, since we are afraid of their life and their health which is in danger, that would be of immense help,” said Safari.

The M23 since last May has demonstrated increased firepower and defensive capabilities that have enabled the group to overrun U.N.-backed Congolese troops and hold territory. 

The U.N. says the fighting between Congolese troops and M23 rebels has forced nearly 200,000 people to flee their homes. 

Human Rights Watch has called upon the U.N., the African Union and governments to publicly denounce M23 abuses found to have been committed by other combatants, maintaining sanctions against senior M23 commanders and expanding them to those newly found responsible for serious abuses and senior officials from across the region complicit in them. Human Rights Watch also said any political settlement should not include amnesty for those responsible for human rights abuses and prevent responsible M23 commanders to integrate into the Congolese armed forces. 

“The government’s failure to hold M23 commanders accountable for war crimes committed years ago is enabling them and their new recruits to commit abuses today. Civilians in eastern Congo should not have to endure new atrocities by the M23,” said Thomas Fessy, a senior DRC researcher at Human Rights Watch.

M23 sprung from elements within the Congolese army in 2012. 

The rebel group claims it is defending the rights of Congolese Tutsi and originally comprised of soldiers who participated in a mutiny from the Congolese army in April-May 2012. They claimed their mutiny was to protest the Congolese government’s failure to fully implement the March 23, 2009, peace agreement — M23 derives from this date — that had integrated them into the Congolese army.

The Congolese army and the U.N. Force Intervention Brigade defeated M23 in November 2013, and its members fled to Rwanda and Uganda. The group re-emerged in November 2021.

South Africa has become the first country on the continent to install Pride crosswalks in its major cities.

Pretoria on Oct. 20 installed the crosswalks. Cape Town followed suit two days later.

Pride crosswalks have been installed in several European and American countries to promote the inclusion of LGBTQ and intersex people. Some activist groups in South Africa have long called for them to be installed in the country.

“Church Square is where most of the Apartheid buildings are situated and in the shadow is the father of the Afrikaans nation, Paul Kruger. This is the heartland of Apartheid, by having this, the first in such a conservative city is groundbreaking,” said Bruce Walker of Pretoria Pride. 

“By showing that 2SLGBTQIA+ rights can be accepted here we can move forward and show the world that we are moving in the right direction and can be a beacon of light to conservative Africa,” added Walker. “With South Africa building up the bid to host World Pride here in Africa this shows that the population is moving forward in tolerance, but we have a long way to go to break down all the old conservative ways of thinking.” 

Cape Town Councilor Rob Quintas, who is on the City’s Mayoral Committee Member for Urban Mobility, said the Pride crosswalk, which is located along the busy Somerset Road between Alfred and Dixon Streets in Green Point, is meant to make all to feel welcome.

“You cannot miss the Pink Route, it is about 20 cm. wide, and painted on the sidewalk. This is a fun way for visitors to get to know the area and a great addition to our tourist offering soon before the peak holiday season. It is also intended to create awareness and celebrate Cape Town as an inclusive city,” said Quintas. “This exciting place maker precinct activator is the first of its kind in Cape Town and is aimed at re-invigorating the buzz of the 2SLGBTQIA+ district using road markings.” 

“There are many more spaces in the city that can be looked into in the future and where heritage or unique attractions can be amplified by using sidewalks and pedestrian crossings. I am calling on visitors and residents to look out for this crossing, and to follow the Pink Route as they explore this part of our City,” added Quintas.

Cape Town Councilor Frances ‘Phranki’ Lombard said the Green Point crosswalk was a fantastic statement for Cape Town and the world.

“This crosswalk is a fantastic statement to the world and Cape Town that 2SLGBTQIA+ rights are not something to be hidden but in fact, that we celebrate the freedom and rights of all people in this city of Cape Town,” said Lombard.

“When we contrast this with the reality that are in some parts of South Africa where hate crimes against Lesbians are a common phenomenon and when governments make such bold statements it sets a symbol to society of what is right and what is possible,” added Lombard. “Cape Town continues to push what is possible in an open liberal society, something I hope spreads throughout South Africa.” 

Ruth Maseko of the Triangle Project, however, said the location of the crosswalk in Green Point was more exclusive than inclusive.

“We feel this needs to be questioned. For us, how much money did it take to do this and it’s very particularly placed,” said Maseko. “It’s in Green Point, the same place Cape Town Pride is held. This speaks of exclusivity and how the city of Cape Town shows up for a particular segment of 2SLGBTQIA+ communities.”

“What is done for those communities of 2SLGBTQIA+ people whose lives are at risk, are unemployed or unhoused and live in the city and are harassed by law enforcement?” asked Maseko.

Human rights organizations and activists have condemned the continued victimization of LGBTQ and intersex people in Zambia.

Anti-LGBTQ and intersex sentiments have been gaining momentum in recent weeks, including Dr. Brian Sampa’s #banbeardtobeard campaign in relation to gay couples. Alick Banda, the archbishop of the Catholic Diocese of Lusaka, and other Zambian religious leaders have also echoed these sentiments.

“In the last 12 months, we have witnessed an increase in the number of incidents and events that promote LGBTQ tendencies contrary to the laws of Zambia and our Zambian culture. Additionally, there has been an increase in the number of incidents of sodomy where boys and men are raped by fellow boys and men with impunity,” said Banda on Sept. 25. “We have witnessed several cases of sodomy and homosexuality on the increase in our society much to the displeasure and disapproval of the general public. Unfortunately, the law enforcement agents and the president who took an oath to protect the Constitution seems to be paying a blind eye. The question that begs an answer is, is it by design or by default.”

Consensual same-sex sexual relations remain criminalized in Zambia.

President Hakainde Hichilema last month reiterated his government does not support LGBTQ and intersex rights in response to Sampa’s protest.

The Global Interface Network, a global NGO that promotes safety and inclusion for all people of faith and especially for people who suffer discrimination because of their sexual orientation, criticized Banda’s comments.

“The statement by the archbishop has the potential to further escalate violence and we are deeply concerned for the wellbeing and safety of members of the 2SLGBTQIA+ community in Zambia,” said the Global Interface Network in a statement it released on Sept. 26. “Religious leaders are the shepherds of their flocks and have a responsibility to provide guidance, care and support to the faith community. Although we understand that for the Archbishop of Lusaka, same sex sexualities and non-normative gender identities are unfamiliar, we do not believe that it is appropriate, especially in a context in which people are already marginalized and subjected to violence and discrimination, for the archbishop to put his stamp of approval on further violence.”

The Global Interface Network in its statement encouraged Banda and the country’s Catholic Church “to enter into a process of fellowship and discernment alongside 2SLGBTQIA+ people of faith and skilled dialogue facilitators in Zambia and to collectively grow in the mission to offer compassion, care and love to the most vulnerable.” 

“The people of Zambia, just as it is the people of the African continent, deserve an opportunity to see humanity beyond heterosexuality,” it said. “That opportunity has the potential for a reclamation of the African people’s history of dealing with diversity, an opportunity of understanding beyond the common narrative of dehumanization.”

Mino, a Zambian LGBTQ and intersex activist, said Sampa has been sharing misleading information on his social media platforms that has influenced religious leaders and others across the country.

“The leader of this ban homosexuality movement has jumped from one cause to the other without success and unfortunately, this has seen him get heavy backing from people who share similar religious views. The whole thing has not been objective, the information he is disseminating is highly inaccurate, and full of untruths about 2SLGBTQIA+ persons. Sadly, the church and in a way the State has also jumped on this bandwagon,” said Mino. 

“Nevertheless, despite the current situation facing the 2SLGBTQIA+ community in Zambia, it is my hope that this opens a balanced dialogue of issues of sexuality and gender,” added Mino. “People must have accurate information on who we are as people and begin to see us as human beings with lives, families, interests, jobs, struggles, just like any other person as currently the 2SLGBTQIA+ community has been reduced to being only sexual beings and cannot be seen beyond that.”

Pan Africa ILGA once again urged authorities across the continent to investigate the murders of LGBTQ and intersex people and to work to reduce violence based on sexual orientation and gender identity.

The organization — which comprises 268 groups that work for LGBTQ and intersex rights across Africa — in a report it issued in July noted a number of high profile murders that have taken place this year. They include Sheila Lumumba, a 25-year-old Kenyan woman who was murdered in April, Pinky Shongwe, a 32-year-old South African who was stabbed to death in March, and Obisike Donald Ibe, a 31-year-old doctor in Nigeria who was slain in January.

Lumumba, a lesbian who was reportedly targeted because of her sexual orientation, was raped before her murder. A South African court in April sentenced two men to life in prison for raping a 19-year-old lesbian woman in 2020

“LGBTIQ+ persons deserve to thrive without fear of being persecuted,” said Pan Africa ILGA Executive Director Nate Brown. “The recent murder of Sheila in Kenya reflects the realities of the LGBTIQ+ community in Africa. It bears mentioning that unfortunately, these are not isolated incidents. They are part of a pattern of attacks, violence and murders against LGBTIQ+ persons across the continent.” 

Pan Africa ILGA board co-chairs Star Rugori and Barbra Wangere at the same time said the organization is in the process of developing a crisis reporting center that will document human rights violations against LGBTQ and intersex people in Africa and advocate for increased protections and respect for them.

“The inhumane violations and slaughter of LGBTIQ+ persons should prompt thorough investigations, aimed at prosecuting those responsible,” said Rugori and Wangere in a joint statement. “Government needs to protect activists and the greater LGBTIQ+ community and to call a halt to the impunity that links this chain of vicious murders. LGBTIQ+ lives matter and should be protected at all costs just like the rest of our African citizens.”

Bishop Sithembele Sipuka of the Catholic Diocese of Mthatha in South Africa during an interview with the Catholic Information Service for Africa said people who identify as LGBTQ or intersex should be treated with dignity.

“The most we can do, for now, is to grapple with it, to try and understand, and to see how to continue treating these people with the dignity that they have because, despite their sexual orientation, they are still children of God, they have the same dignity,” said Sipuka. “I have known people, credible people, authentic people who are gay or lesbian, very intelligent, very integral people, very committed people, very loving people, and so it is difficult to say that there’s something wrong with this one, you know because some of them really are in terms of integrity full of admiration, the way they are as a person that is difficult for me to condemn them, and say that there is something wrong with them.”

Sipuka also touched the issue of marriage equality, which is usually a catalyst for homophobic statements.

“The process and teaching of the church so far is still that marriage is between a man and a woman, but on the other hand, it does not mean at all that we should despise or think of people who are gay and lesbian as any less than heterosexual people,” said Sipuka. 

I cannot say you can go ahead and get married because I don’t have the mandate to do that. I do things on the mandate of the church. I am open to hearing more on how pastorally to deal with this matter. I am also open for it to be discussed theologically. In the end, the teachings about the church are always about love even exactly everything that they touch is about love,” added Sipuka.