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Ugandan MP introduces anti-gay surrogacy bill

Sarah Opendi’s measure mirrors attempt in Kenya

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(Image by rarrarorro/Bigstock)

Uganda has joined Kenya in seeking to ban same-sex couples who want to use a surrogate or in vitro fertilization to become parents.

MP Sarah Opendi on March 5 introduced the Human Assisted Reproductive Technology Bill 2023, which would limit access to these treatments to only people with infertility challenges. She notes there has been an increase in the number of Ugandans seeking to have children through human assisted reproductive technology over the years, but without a legal framework. 

“The increasing demand for the use of human assisted reproductive technology has been necessitated by the growing cases of primary and secondary infertility, and other health-related challenges among persons seeking to have children,” Opendi states in the bill. 

Legal gaps the law seeks to address include regulating access to the use of human assisted reproductive technology by a state’s medical body; designating medical units or facilities as fertility centers; setting up sperm, oocyte (a female egg) and embryo banks within fertility centers and a register of data collected from services rendered through the technology.  

The bill’s Clause 20 would block gay couples from having children via surrogacy and would give a registered medical practitioner the power to establish the infertility condition of an individual before accessing services.Ā 

The medical professional would have to certify that the intending parent ā€œsuffers primary or secondary infertilityā€ or ā€œsuffers health challenges which affect the ability to reproduce.ā€ 

The bill would also bar same-sex couples from surrogacy services for parenthood, stating they apply to “a man and a woman” who jointly seek to use human assisted reproductive technology to obtain a child. The proposal would also apply to a man and a woman where “either the man or woman or both” suffer primary or secondary infertility or health-related challenges that affect the man or woman’s ability to reproduce.Ā Ā Ā Ā Ā 

The proposed law, which a parliamentary health committee is considering for public input before its reintroduction in the House for debate, has been criticized by some Ugandan LGBTQ activists as “draconian.”

ā€œThe same sponsors of the anti-gay law are the same introducing this bill which is well influenced by American anti-gay and anti-gender groups,ā€ Frank Mugisha told the Washington Blade.

His comments came three days after the U.S. denied Opendi a visa that would have allowed her to attend a Commission on the Status of Women at the U.N. meeting in New York.

Reports indicate the visa denial is because of anti-LGBTQ comments that include the castration of gay men that she made during the parliamentary debate on the Anti-Homosexuality Act. Mugisha applauded the U.S. decision, saying she should not be able to promote hate against LGBTQ people “anywhere else.”

ā€œThe bill is very draconian, has so many limitations for our men and families that do not conform to old draconian conservative ideologies,” said Mugisha in response to the surrogacy bill. “The bill would outlaw women who are not married from having IVF and we need to pay attention to this bull and stop it.ā€ 

The Ugandan surrogacy bill limiting same-sex couples from parenthood adds to a list of recent anti-LGBTQ measures like Anti-Homosexuality Act that saw the country sanctioned.

The Court of Appeal on March 12 declared it is illegal for LGBTQ rights groups to register in Uganda. Parliament Speaker Anita Among, a strong anti-homosexuality crusader, during the parliamentary session two days after the ruling commended Chief Justice Alfonse Owiny and the Ugandan judiciary he leads for saving the country from ā€œvalues that are alien and want to destroy our society.ā€ 

Kenyaā€™s proposed surrogacy law, dubbed the Assisted Reproductive Technology Bill 2022, is also before the parliamentary health committee. MP Millie Odhiambo last May reintroduced the bill, which would prohibit gay and lesbian couples from having children via surrogate.

The measure stalled in the Kenyan Senate in 2022. House rules rendered it “dead” when the parliamentary term ended because of that year’s general election. It could only be saved through a reintroduction in the new Parliament. 

The Kenyan surrogacy bill, just like the one that Opendi introduced, would only permit a man and a woman (intending parents) with certified infertility problems to have children via surrogate and IVF.

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Kenyan advocacy group offers safety tips to LGBTQ hookup app users

Blackmail, kidnappings and assaults are commonplace

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(Bigstock photo)

The growing cases of queer people in Africa becoming victims of blackmail, physical and sexual assault from online hook-ups have compelled a Kenyan LGBTQ rights group to work with the community to help it stay safe when using digital platforms.

Upinde Advocates for Inclusion held a 3-day training from May 11-14 to teach queer people about unsafe social media and dating app hook-up practices that suspected homophobes exploit.

The Mombasa-based group of which Lizzie Ngina is executive coordinator noted lesbian, bisexual and queer women, and gender non-conforming people are the most frequent targets online and on Grindr and other dating apps.

 ā€œLBQ women and GNC persons confront major challenges in terms of digital security and data protection, freedom of expression, assembly, association, speech, privacy, protest and online organizing,ā€ Upinde Advocates for Inclusion stated.

Although the digital platforms were seen as convenient meet-up places for LGBTQ people in overcoming physical anti-gay attacks, Upinde Advocates for Inclusion said anti-gay discrimination, marginalization, gender-based violence, misinformation, and disinformation limits LGBTQ and gender non-conforming people from accessing the social media services. Ā Ā Ā 

Queer people while using dating apps and social media for hookups were, however, urged to first trust their intuition before deciding to have a physical meeting with people with whom they chat online.

ā€œIf it does not seem like someone you are messaging is using their true identity, they probably are not. In this case, do not agree to meet them in person,ā€ Upinde Advocates for Inclusion warned. 

It asked LGBTQ users to ensure the first in-person meeting with someone they met online is in a public place that is queer-friendly and known to them. Upinde Advocates for Inclusion also advised queer people to inform their trusted friends or family about their meeting plans, the place, and how long they expect it will take place in order to ensure someone can intervene if something goes wrong.

ā€œOrganize your own means of transport to and from the meeting, and do not accept a free ride from a stranger,” the group warned. “Also, do not move to a secondary location if you feel unsure during the meeting.ā€ 

Upinde Advocates for Inclusion also warned queer app users to remain sober during the meeting and cautioned against leaving their food or drinks unattended in order to avoid any potential risks associated with spiking.

The National Gay and Lesbian Human Rights Commission, Ishtar-MSM and other Kenyan LGBTQ advocacy groups that offer legal aid to queer people last year reported about 100 cases of blackmail, extortion, physical and sexual assault against their members by suspected homophobes they met on dating apps and social media.

The two organizations this month noted 10 of the cases are expected before courts soon, although they said most victims of anti-gay attacks don’t report them to the authorities because they fear further stigmatization and discrimination. Consensual same-sex sexual relations also remain criminalized in Kenya. 

Targeting the LGBTQ community on digital platforms and dating apps is not unique to Kenya.

The Washington Blade last month reported it is still risky for queer Nigerians to search for a partner or to use gay dating apps infiltrated by homophobes who lure them to meet in-person and then rob or assault them. South African authorities last year arrested four men in connection with the targeting of Grindr users.

LGBTQ Kenyans urged to protect themselves at protests

Upinde Advocates for Inclusion in their workshop taught participants about the signs that suspected homophobes or their associates have compromised their devices. They include unusual activities on their cell phones that include calls with untraced history, disappearing blank messages, blinking screens, high data consumption, devices that overheat when not in use and echo when picking calls and quick battery depletion with minimal use.

ā€œIf you suspect your device is compromised, do not format or reset it, log out all the accounts, find an alternative device to use, change the password for the accounts on the device, and do not connect the gadget to any other devices,ā€ Upinde Advocates for Inclusion warned. 

The group also taught queer people about how they should conduct themselves when taking part in street protests amid anti-gay attacks. Upinde Advocates for Inclusion advised them to always to identify safe alternative routes to and from the protests, wear comfortable running shoes, and always carry a spare outfit that is not LGBTQ-specific.

ā€œIf you are in a group, always strategize on having a meeting point should there be any danger or should you get separated,” the group stated. “Also, try to split up responsibilities among the group so that one person canā€™t be targeted.ā€

Upinde Advocates for Inclusion also urged queer people to always leave a protest before it ends, to have an emergency contact on speed dial or memorize it for immediate help in case of danger and to always to keep in touch with a trusted contact who is familiar with the protest but not attending it. 

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Ugandan president meets with US ambassador

Unclear whether William Popp raised Anti-Homosexuality Act

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Ugandan President Yoweri Museveni meets with U.S. Ambassador to Uganda William Popp on May 10, 2024. (Photo courtesy of Museveni's X account)

Editor’s note: This article has been updated.

Ugandan President Yoweri Museveni on May 10 met with U.S. Ambassador to Uganda William Popp.

Museveni in a post to his X account described the meeting, which took place at his official residence in Entebbe, as “productive.”

“We discussed key issues, such as the upcoming Census, regional peace, and socio-economic development. I emphasized the need for an inclusive census for informed decision-making,” said Museveni. “I also shared my views on fostering peace and security in the region. Additionally, we discussed opportunities in transitioning our population from a rural-based pre-capitalist society to industry and services.”

statement the Ugandan Foreign Affairs Ministry released noted Popp “conveyed his appreciation for the president’s valuable time and wise counsel.” 

“He also acknowledged President Museveniā€™s extensive knowledge and experience, underscoring the importance of their continued dialogue in fostering a strong and mutually beneficial relationship between the United States and Uganda,” said the statement.

The statement further notes Foreign Affairs Minister Jele Odongo; Defense and Veterans Affairs Minister Jacob Oboth-Oboth; Rosette Byengoma of the Defense Ministry; and Lt. Gen. Samuel Okiding, who is deputy chief of the Ugandan defense forces, attended the meeting.

The meeting took place nearly a year after Museveni signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. has sanctioned Ugandan officials and removed the country from a duty-free trade program. The World Bank Group also suspended new loans to Uganda in response to the Anti-Homosexuality Act.

The Ugandan Constitutional Court last month refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists have appealed the ruling.

It is not clear whether Popp raised the Anti-Homosexuality Act with Museveni during their meeting.

“We do not discuss the details of private diplomatic engagements; however, we have regularly raised with the highest levels of Ugandan government U.S. government concerns about democratic space, rule of law, and respect for human rights for all Ugandans, including members of the LGBTQI+ community in relation to the 2023 Anti-Homosexuality Act,” a State Department spokesperson told the Washington Blade on Wednesday.

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South African president signs new hate crimes, hate speech law

Advocates largely welcome new statute

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South African President Cyril Ramaphosa during a campaign stop speaking with attendees at the ANC Party Rally on May 10, 2024 in Tshwane, South Africa (Photo courtesy of Ramaphosa's Facebook page)

South African LGBTQ organizations have welcomed a new law that seeks to combat hate crimes and hate speech.

President Cyril Ramaphosa on May 9 signed the Preventing and Combating of Hate Crimes and Hate Speech Bill that had been introduced in 2018.

According to the new law; the direct or indirect unfair discrimination against anyone on the grounds of age, albinism, culture, disability, ethnic or social origin, gender, HIV status, language, nationality, migrant, refugee status, asylum seekers, occupation, trade, political affiliation, conviction, race, religion, sex, sexual orientation, gender identity or expression, sex characteristics or skin color is a criminal offense punishable by a fine or up to eight years in prison.

ā€œA hate crime is committed if a person commits any recognized offense under any law that is motivated by prejudice or intolerance based on one or more characteristics or perceived characteristics of the victim, as listed in the legislation or a family member of the victim,” said the president’s office. “The law also makes it an offense when speech material is intentionally distributed or made available in electronic communication, and the said person knows that such electronic communication constitutes hate speech.ā€

CrimenĀ injuria, theĀ unlawful and intentional impairing of dignity or privacy of another person under common law, was in place before the new law. Crimen injuria, which to extent protected some forms of hate againstĀ the LGBTQ community, is still active.

The Preventing and Combating of Hate Crimes and Hate Speech Bill, however, is more comprehensive in the sense that it particularly focuses on hate speech and hate crimes, and therefore makes it easier to seek legal recourse than under crimen injuria.

ā€œAs Out, we commend President Cyril Ramaphosa on the move that he has made in making sure that the rights of LGBTQ+ persons are protected. We, as Out, also hope that other African countries can learn from this historic milestone that all people are equal and that their rights should be protected,” said Out LGBT South Rights Human Rights Coordinator Sibonelo Ncanana. 

Ncanana specifically applauded Deputy Justice and Constitutional Development Minister John Jeffrey and the working group that helped secure the bill’s passage.

“We hope that all government departments will enforce the mandate of the act,” said Ncanana. “We also hope that it will help in decreasing the amount of hate crimes that are happening in South Africa, create safer communities, and that LGBTQ+ people will find themselves safe.”

Ruth Maseko of Umndeni LGBTI Group and the Triangle Project said the new law creates a precedent of what constitutes hate crime and the repercussions.

ā€œWe are delighted at the passing of the bill after so many years, as it creates a legal definition of hate crimes,” said Maseko. “This now puts in place mechanisms for authorities to collect and report details about these incidents of hate for the effective monitoring, analysis of trends, and appropriate interventions that are needed.”

Maseko added that although the new law will aid in giving the courts a framework to work in when handling cases of hate, it will not really deter people from committing those crimes.

ā€œThe new law will provide quantitative and qualitative data as currently we have no way of telling how many of these crimes are committed. The only way we know, is when they are reported to a civil society organization or are reported in the media,” said Maseko.

“Although it will do nothing to change the attitudes of people who act out in these ways, the law does send out a message that hate crimes will not be tolerated in South Africa and will provide additional tools to investigators and prosecutors to hold perpetrators accountable for their actions,ā€ added Maseko.

The law, however, does not consider actions undertaken in good faith as part of hate speech. They include artistic creativity, performance or other form of expression, academic or scientific inquiry fair, and accurate reporting or commentary in the public interest.Ā 

It also excludes interpretation and articulating or espousing of any religious conviction, tenet, belief, teaching, doctrine or writing that does not advocate hatred or constitutes incitement to cause harm. The law also contains directives on training and other measures to be undertaken by the South African Police Service and the National Prosecuting Authority to ensure effective processing of the newly defined crimes. 

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