2023-05-19 13:36:40
Lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers or refugees living in one of the largest refugee camps in Kenya routinely experience hate crimes, violence (including rape) and other serious abuses against human rights. This was stated by the National Gay and Lesbian Human Rights Commission (NGLHRC) and Amnesty International in a joint report.
Kakuma camp in northwestern Kenya is home to more than 200,000 asylum seekers and refugees, including hundreds of LGBTI people. The report details the extreme discrimination and violence suffered by LGBTI people living in Kakuma, both because of their asylum-seeking or refugee status and because of their sexual orientation, gender identity and/or expression, and sex characteristic.
“LGBTI people in the Kakuma camp have suffered physical and sexual violence and other serious human rights abuses, including violations of their right to be free from torture and ill-treatment, due to their sexual orientation, their identity and/or expression of gender or their sexual characteristics”, said Victor Nyamori, researcher and adviser to Amnesty International on the rights of refugees and migrants.
“These hate crimes are a criminal manifestation of the discrimination suffered by LGBTI refugees and asylum seekers.”
The report, based on interviews with 41 LGBTI asylum seekers and refugees between 2018 and February 2023, details how perpetrators of violence and intimidation against LGBTI people commit their crimes with near-total impunity, made possible by the inaction of The authorities.
Amnesty International Kenya Executive Director Irungu Houghton said: “Despite the fact that the Constitution protects the life and dignity of all people, LGBTI asylum seekers experience both discrimination and homophobic and transphobic attitudes from government officials. government, police and other service providers. This is often reflected in delays in the processing of their asylum applications, harassment, violent homophobic attacks, threats and intimidation, and extremely limited opportunities for local integration or resettlement in third countries. The new Kenyan government’s proposed Marshal Plan for refugees must also address the experiences faced by LGBTI asylum seekers.”
Same-sex relationships are illegal in 32 of Africa’s 54 countries, and can be punishable by even death or long prison terms. In Kenya, such relationships are still punishable by up to 14 years in prison under colonial-era laws.
“Hate crimes have damaging and lasting impacts on survivors and communities, and require a coherent and comprehensive response from policymakers, law enforcement authorities and the criminal justice system,” said Njeri Gateru. , Executive Director of the National Gay and Lesbian Human Rights Commission (NGLHRC).
Testimonials
The testimonies collected in the report indicate that, in the Kakuma refugee camp, there is a systematic and widespread inaction by the police, who have not promptly, effectively, independently and thoroughly investigated hate crime allegations made by LGBTI asylum seekers and refugees.
Esther, a 41-year-old lesbian, reported having been raped twice in the Kakuma camp. At the beginning of 2018 she was attacked by two men armed with knives while she was taking a shower in a place near the entrance of the camp. One of the men raped her while the other held her down. That same year she was raped for the second time by four men during a robbery in her house, in the presence of her seven-year-old son, with whom she shared a bed.
Winnie, a lesbian, had a market stall where they used to go to buy LGBTI friends. According to what she told the research team, one day, in 2019, she went to work and left one of her sons in charge of the position. A group of people destroyed the stall and injured the boy, saying that the LGBTI clientele affected the other stalls. When Winnie went to report what had happened, the police told her to look for the attackers and take them to the police station to be arrested.
Amnesty International and the NGLHRC have concluded that the Kakuma refugee camp complex is still not safe for LGBTI asylum seekers and refugees. The organizations argue that for the new Refugee Act (2021) to transform Kenyan camp policy and make local integration a durable solution for LGBTI people, the Kenyan government, UNHCR and third country governments must act. on the report’s recommendations.
NGLHRC and Amnesty International call on the Kenyan government to urgently guarantee the physical and psychological safety of all LGBTI asylum seekers and refugees in the Kakuma refugee camp compound. Likewise, the authorities must discuss and agree with the people affected and the LGBTI community in general on measures to prevent hate crimes and other forms of discrimination and respond to them effectively.
To ensure that services are provided to LGBTI asylum seekers and refugees, the authorities should modify or suspend the camps policy and consider the relocation, temporary or permanent, of LGBTI people to Nairobi or other urban areas.
NGLHRC and Amnesty International also call on third countries to increase their resettlement commitments and to establish or improve flexible alternative pathways for LGBTI asylum seekers and refugees in Kenya who need safety in a third country but are not eligible for resettlement. traditional or other ways.
Additional information
Kenya is the only country in East Africa and the Horn of Africa that offers asylum to people seeking protection based on their sexual orientation, gender identity and/or expression, and sex characteristics.
Throughout this region, the criminalization of same-sex practices and relationships, anti-LGBTI legislation, and cultural and religious traditions continue to force these people to flee.
Many flee to Kenya due to its geographical proximity. However, Kenyan national law criminalizes same-sex relationships, and the rights of LGBTI people are being abused.
In April 2023, a Kenyan member of Parliament published a Family Protection Bill that seeks to further criminalize same-sex relationships, makes it illegal for any provider to provide services to LGBTI people, and forces the government of Kenya to deny asylum or expel LGBTI people based on their sexuality or sexual orientation.
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