标题: Kenya seen as refuge from Uganda’s anti-gay hostility
新闻来源: Capital FM Kenya
http://goo.gl/KsGF6d
大意：在反同法案通过后，越来越多的乌干达人至肯尼亚避难，以逃离母国日益增长的恐同
氛围。虽然肯尼亚因为甚少执行其处罚同性性交的法律，而成为乌干达同性恋申请政治庇护
和避难的选择。然而针对同性恋的歧视在当地亦很普遍，受到乌干达的影响，一位国会议
员试图推动严厉的反同法案；当地的警察也曾以酒醉和违反秩序的罪名在对同性恋友善的
场所滥权逮捕，并不愿受理针对同性恋进行攻击的报案；同性恋在该国的工作场所与医疗
部门也常遭到不友善的对待。
NAIROBI, Kenya, Aug 4 –
More and more Ugandans are seeking refuge in Kenya to escape extreme homophobia
that has intensified in their own country since anti-gay legislation was passed
earlier this year. But although prosecutions are rare in Kenya, discrimination
is common there too.
In February, Ugandan President Yoweri Museveni signed off on legislation
already passed by parliament to extend the scope of offences and impose tougher
penalties for homosexuality up to a life sentence.
On August 1, however, the Constitutional Court annulled the Anti-Homosexuality
Act, ruling that parliament did not have the required quorum when members voted
to pass it last December.
It is not clear whether the legislation will now be re-submitted to parliament,
but the hostile conservative attitudes that led to it still persist.
Homosexuality is also illegal in Kenya, where same-sex acts can be punished by
up to 14 years in prison, a holdover from British colonial legislation. But in
practice, prosecutions of lesbian, gay, bisexual and transgender (LGBT) people
are extremely rare.
Nairobi’s apparent reluctance to enforce the law has encouraged a small
influx of Ugandans looking for somewhere to go to flee threats, violence, and
the prospect of harsher legal penalties set out in the new law.
“I am in Kenya because here the law appears to be friendly, unlike in Uganda,
where the government and the general public have become extremely hostile to
gay people,” Moses, now living in the town of Busia just inside Kenya, told
IWPR.
A July report by human rights groups Sexual Minorities Uganda and the National
LGBTI (LGBT and intersex) Security Team said Ugandan laws had fostered a
“culture of extreme and violent homophobia”.
James, another man who has fled Uganda, told IWPR about the day members of his
local community made threats against gay people living there, calling for them
to be stoned to death.
“I saw them march towards my neighbour’s house (who is) also gay,” James
told IWPR. “Sensing danger, I jumped through the fence and boarded a motorbike
to Busia and then crossed over to Kenya.”
James says he knows nearly 30 other Ugandans who have made the trip.
Another man who has relocated to Kenya told IWPR he knew of more than 80
Ugandans now living in towns in western Kenya.
According to the United Nations refugee agency UNHCR, more than 100 Ugandans
have applied for refugee status in Kenya on the basis of their sexuality.
KENYA “MORE PROGRESSIVE” ON SEXUAL RIGHTS
Kenya and Uganda are among a number of countries in Africa which prohibit
physical same-sex relations.
Rights activists in Africa this week urged United States president Barack Obama
to discuss anti-gay discrimination when he meets more than 40 African leaders
at an August 4-6 summit in Washington.
While Kenya is now viewed as a comparatively favourable place for members of
the LGBT community as it has rejected calls to tighten its own laws, serious
concerns remain around broader discrimination on the basis of sexuality in the
country.
Neela Ghoshal, a Nairobi-based researcher on LGBT rights for Human Rights Watch
told IWPR that after Uganda passed harsher legislation, it encouraged “a lot
of homophobia” in Kenya.
One Kenyan parliamentarian called for tougher anti-gay laws, while the Leader
of the Majority in Parliament likened the gay “threat” to that posed by
terrorism. READ: Homosexuality serious as terrorism – Duale.
However, the ruling Jubilee coalition rejected any change to the law, a move
that was welcomed by advocacy groups.
“That was very encouraging that we do have allies in parliament, including
the ruling coalition, who understand that this is not a priority for Kenya,”
Ghoshal told IWPR.
She believes the outlook in Kenya is much more positive than in Uganda.
“The political class in Kenya is quite a bit more progressive on sexuality,
including homosexuality, than in Uganda,” she said. “So it would be quite
difficult to get either (parliamentarians) or to get the average Kenyan to
think this is an issue affecting Kenya and to worry about this.”
DISCRIMINATION STILL WIDESPREAD
But despite an apparent reluctance within government to follow the hard-line
example set by Uganda, there are still serious concerns about individual
attacks and general discrimination.
Some say the Kenyan police, in particular, have a more aggressive stance on
homosexuality in recent months as a result of the legal change in Uganda.
On July 6, police arrested more than 60 people at a gay-friendly nightspot
in Nairobi.
According to a local advocacy group, a number of them were released on bail
after being charged with being drunk and disorderly. Activists say this is a
tactic the police sometimes employ since they find it hard to get evidence
for formal charges under the law on homosexuality. This approach was confirmed
by a police officer who spoke anonymously to IWPR.
LGBT activists fear the police are now more likely to target their community.
“Our community of LGBT has been growing since Uganda’s anti-homosexuality
law was passed,” John, a gay activist in Nairobi, told IWPR. “With (LGBT)
Ugandans coming in droves, my worry is that the (Kenyan) government is starting
to be uneasy, and we have seen it raid some social and hang-out joints
perceived to be frequented by gays and lesbians.”
Human rights advocates say that such fears are valid, and that police are
unlikely to be sympathetic when LGBT people report threats or even attacks.
“Some of those concerns are violence from the communities, from private
citizens, and the feeling that if you are an LGBT person and suffer violence
and go to the police, the police are not going to give you a fair hearing,”
Ghoshal said. “They are either going to respond in a homophobic way, or…
suggest you brought this on yourself by flaunting your behaviour.”
Other areas in which discrimination is common include the health sector and
the workplace.
“It’s a trend that is shaping in the country,” Christopher, who heads a
gay advocacy group in Nairobi, told IWPR. “Many employers, particularly
religious organisations, are using [sexual orientation] as a weapon because
they are aware that LGBTI people cannot go to report to the police or take
them to court due to fear of how to tell their story.”
“I got fired without any remuneration on the basis of my sexual orientation,
and my (employer) told me he is very certain that I can take him nowhere,”
he added.
Christopher believes discriminatory behaviour at hospitals is putting LGBT
people off seeking medical care.
He gave an example of a colleague who went for treatment for a sexually-
transmitted disease.
“The nurse screamed and called the rest of (her colleagues) to come and see
this strange phenomenon,” Christopher said. “That alone has since scared
most [gay men] to access healthcare services, and as a result they even no
longer want to test to know their HIV status.”
(The names of LGBT Ugandans and Kenyan activists have been changed for security
reasons – This article was produced as part of a media development programme
implemented by IWPR and Wayamo Communication Foundation)
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