By Nnenna Ibeh

On May 29, 2023, Uganda's president Yoweri Museveni signed what many have described, including civil society organisations, as a "harsh" anti-gay law.

The anti-LGBTQ laws included the death penalty for "aggravated homosexuality" in Uganda, an African country where same-sex relations were already illegal.

The signing of the anti-gay law in Uganda comes barely nine years after Nigeria, under the leadership of former president Goodluck Jonathan passed the nation's anti-LGBTQ law, which imposes a 14-year jail term for anyone who engages in or promotes activities of gay relationships in the country.

Since then, similar laws across African nations that criminalise gay activities have continued to undermine the safety of citizens and members of the LGBTQ+ community. Many Africans across the continent have been forced into hiding or risk mauled over their choice of lifestyle as adults.

Kenya towing the path of Uganda, others

Like Nigeria, Uganda, and other African nations, Kenya appears to be tilting towards creating that scary unfriendly environment for LGBTQ+ people in the East African nation.

In a recent move, George Peter Kaluma, a Kenyan opposition member of the parliament, is leading the campaign to criminalise the country's LGBTQ+ community.

While LGBTQ+ activities are already criminalised in Kenya with up to 14 years imprisonment for anyone caught in same-sex acts, Kaluma's proposed bill, if passed into law, will further criminalise gay activities, thereby stiffening the fundamental human rights of Kenyans.

Kaluma, in his new bill, proposes penalties ranging from a suggested minimum of ten years in prison to the death penalty for "aggravated homosexuality," defined as "engaging in homosexual acts with a minor or disabled person and transmitting a terminal disease through sexual means."

The proposed Family Protection Act would also ban any activities "that promote homosexuality," such as wearing flags or emblems of the LGBTQ+ community. 

It is pertinent to note that civil society organisations have not remained silent. A coalition of gay and human rights activists have condemned the move by the Kenyan MP.

Activists express concerns

The coalition with advocacy groups numbering over 50 and led by the American Jewish World Service is urging the United States of America to pause the launch of the US- Kenya Strategic Trade and Investment Partnership (STIP).

In a letter to the US Trade Representative Katherine Tai, the advocacy groups suggested that the STIP negotiation be put on hold until President William Ruto of Kenya rejects any bill or policy that would pile new anti-LGBTQ+ criminal penalties on Kenyans.

The groups also suggest that pausing the trade talks aligns with the Biden Administration's position of defending LGBTQI+ rights globally. 

Dated July 17, the letter to Ambassador Tai says, "The Family Protection Act, an example of such a bill, has been submitted to the Kenyan Parliament and includes life imprisonment as well as the death penalty. 

"During your July 17-19 trip to Nairobi, we are requesting that you prioritise protecting the lives, freedoms, health and rights of LGBTQ+ people and their communities in Kenya. 

"In partnership with LGBTQI+ groups in Kenya, we reiterate our request that you pause STIP negotiations until President Ruto commits to vetoing this bill."

At this point, there is a strong need for all to be worried and concerned about members of the LGBTQ+ community who are also "very human" unless Africa, by these laws, is saying that some people can be categorised as being less human.