politics
News Brief
Rufaro Samanga
Jul. 11, 2019 06:17AM EST
Tshekiso Tebalo/Getty Images

Botswana is Considering Overturning the Decision to Decriminalize Homosexuality

The Attorney General is challenging the court ruling citing that the presiding judges made an error of law.

Last month, Botswana's High Court ruled that sections 164 and 167 of the country's Penal Code were unconstitutional after they heard the case of a student with the advocacy group LEGABIBO admitted as a friend of the court. The colonial-era laws, which implicitly criminalize homosexuality, saw a person in contravention of them being sentenced to up to seven years in prison for "carnal knowledge of any person against the order of nature."

Attorney General Abraham Keetshabe is challenging the court's June 11th ruling after reading the judgement as he feels that the presiding Judges Tafa, Leburu and Dube did not arrive at the correct conclusion in terms of the law. Keetshabe said, "I have thoroughly read the 132-page-long judgment and I am of the view that the High Court erred in arriving at this conclusion," and went on to add that he would be appealing the decision at the Court of Appeal, according to the BBC.

What was a landmark ruling and victory for Botswana's LGBT community, especially after Kenya's High Court made the decision to maintain the criminal status of homosexuality in May, now seems to be in jeopardy once again. After coming to a unanimous decision, the presiding judges responded by saying that, "Sexual orientation is not a fashion statement. It's an important attribute of one's personality. All people are entitled to autonomy over their sexual expression."

Keetshabe has not yet revealed any further details about his intention to appeal the ruling.


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Uganda Passes a Law Making it Illegal to Identify as LGBTQ+

Uganda’s parliament has passed a law that makes it illegal for Ugandans to identify as members of the LGBTQ+ community. People who are found to be gay can face the death penalty if caught.

Uganda's parliament overwhelmingly approved a law that makes it a crime for Ugandans to identify as members of the lesbian, gay, bisexual, transgender and queer (LGBTQ+) community. Additionally, the legal body gave authorities the permission to target gay Ugandans; according to the bill, which was passed on Tuesday (March 21), people who are found to be gay can face the death penalty if caught.

“A person who commits the offense of aggravated homosexuality and is liable, on conviction, to suffer death,” the amendment states.

Of the nearly 400 representatives present, only two voted against it. Ugandan President Yoweri Museveni is expected to sign it into law.

Same-sex acts were already deemed unlawful in Uganda. And although Uganda joins a number of African countries that have taken strict stances against members of the LGBTQ+, this new law seems to be the first to carry such heightened consequences. Mutasingwa Kagyenyi, a member of the parliament and a co-writer of the bill, told the chamber that the law was meant to “protect children from homosexuality.”

“We want to shape the future of our children by protecting them from homosexuality," Kagyenyi said. “Sexual relations are between a man and woman. Those are our cherished values and culture, and we shall protect them jealously.”

On Wednesday, The United Nations (UN) and United States expressed outrage over the passed bill. Volker Türk, UN’s High Commissioner for Human Rights called the Anti Homosexuality Bill 2023 “draconian” and urged Museveni not to sign the bill.

“The passing of this discriminatory bill—probably among the worst of its kind in the world—is a deeply troubling development,” a statement from Türk’s office stated.

“If signed into law by the President, it will render lesbian, gay and bisexual people in Uganda criminals simply for existing, for being who they are. It could provide carte blanche for the systematic violation of nearly all of their human rights and serve to incite people against each other,” the statement added.

The United States Secretary of State Antony Blinken also spoke out against the bill. On Wednesday (March 22nd), he tweeted: “We urge the Ugandan Government to strongly reconsider the implementation of this legislation.”

White House National Security Council spokesperson John Kirby did not rule out some economic "repercussions" if the legislation is implemented.

Uganda has had a long history of enacting strict laws against homosexuality. In 2014, the country passed an anti-gay law that authorized life imprisonment for "aggravated homosexuality.'' The law prompted several of Uganda’s donors in the west to halt aid payments to the East African country until it was annulled. That annulment happened after its constitutional court determined that the law was passed without the appropriate number of people present.

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Photo Credit: irontrybex

Kenyan Senator Sparks Debate About "Period Shaming"

Kenyan Senator Gloria Orwoba received opposition from colleagues after pulling off a stunt to raise awareness around "period stigma."

A Kenyan senator was relieved from her duties at the Kenyan parliament after attending a Senate hearing session wearing a white suit stained with red, in what was a menstrual activism campaign.

The senator is Gloria Orwoba and she is a part of the ruling coalition. On Tuesday afternoon, she was due to table a motion on a bill that would give out free sanitary pads to some of Kenya's underprivileged. During the session, Kenyan senators disrupted Tuesday’s afternoon senate session to draw the Speaker’s attention to Orwoba’s “inappropriate dress code."

In response to the allegations, Orwoba protested that it was unbecoming for members of the parliament to call her out because she was on her menstrual cycle.

“I am shocked that someone can stand here and say that the House has been disgraced because a woman has had her periods,” Orwoba said.

In response to her comment, Amason Kingi, Speaker of the Senate of Kenya, asked Orwoba to change her outfit before returning to the chambers.

“Having periods is never a crime… Senator Gloria, I sympathize with you that you are going through the natural act of menstruation, you have stained your wonderful suit, I’m asking you to leave so that you go change and come back with clothes that are not stained,” Kingi said, according to BBC.

According to The Star, the stain was artificial coloring, and not blood.

While talking to BBC, Orwoba said that she was proud of the stance she took in an effort to dismantle period shame.

"Since I am always advocating against period shame, I thought I should go ahead and walk the talk," Orwoba said.

Following the incident, several senators criticized her stance, stating that it was not appropriate.

Tabitha Mutinda, an active member of the senate stated that she found Orwoba's conduct uncomfortable and inappropriate.

"You don't understand if she's on the normal woman cycle or she's faking it, and it is so indecent," Mutinda said before adding that there were better ways to address the issue.

Orwoba is advocating for a motion that increase government funding for free female hygiene products and menstrual pads in all public schools, and end "period stigma." The incident at the senate building was apart of her advocacy.

In an interview with Hot 96 FM in Kenya, Orwoba said she has received hateful comments on social media since her act. So much so that she talked about stepping away from social media.

“This thing of having thick skin is not for the faint-hearted. In fact, I am really contemplating leaving Twitter…that whole cyber-bullying has gotten to me. It’s intense and it gets to you,” Orwoba said.

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ISAAC KASAMANI/AFP via Getty Images

Uganda's President Will "Go To War" Over New Anti-LGBTQ+ Bill

President Museveni is defending the world's harshest anti-human rights bill, threatening death for being gay.

Uganda's President Yoweri Museveni has declared that he will go to war to protect the country's anti-LGBTQ+ bill passed this week. "The NRM (National Resistance Movement) has never had two languages," he said in a statement released by his office on Wednesday, "What we tell you in the day is what we shall say to you at night. The signing of the Anti-Homosexuality Bill is finished; nobody will move us, and we should be ready for a war. Remember, war is not for the soft." Museveni made an onslaught of chaotic comments when he met with lawmakers from his ruling party this week, as he continues to defend signing one of the world's harshest anti-LGBTQ+ bills to date.

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