Tuesday, October 22, 2024

The queer community in Kenya has condemned the government’s policy of discriminating against LGBTQ asylum seekers

The queer community in Kenya has launched a petition condemning the government's discrimination against LGBTQ asylum seekers.

This action comes in response to comments made by Refugee Affairs Commissioner John Burugu, who stated that Kenya would not consider persecution based on sexual orientation or gender identity as sufficient grounds for asylum.

The petition accuses Kenya's Department of Refugee Services of putting queer asylum seekers at greater risk of persecution, violence, and exploitation.

The Kenya 2021 Refugees Act does not explicitly recognize queer people among vulnerable individuals fleeing persecution. The law only recognizes refugees or asylum seekers as people who are persecuted based on race, religion, nationality, political opinion, or membership of a social group. 

LGBTQ asylum seekers face prolonged waiting periods, sometimes up to a decade, for decisions on their applications.

The petition has garnered over 200 signatures and will be presented to various Kenyan and international human rights bodies.

Petitioners are calling for immediate action to protect LGBTQ asylum seekers and ensure their rights are respected under international law.

The situation for LGBTQ asylum seekers in Kenya has reportedly worsened since 2017.

There are an estimated 1,000 LGBTQ refugees in Kenya, with many fleeing from neighboring countries like Uganda.

The Center for Minority Rights and Strategic Litigation, a Kenyan LGBTQ rights group, has criticized the government's stance, stating that it violates both national and international laws protecting refugees.

The petition aims to address discrimination, expedite application processes, and ensure representation for LGBTQ asylum seekers in global decision-making forums

Saturday, October 19, 2024

LGBTQ Kakuma refugees decide to move to South Sudan camp in hope of repatriation

Nakafeero and friend.
Queer LGBTQ activists like Nakafeero and Elvis are taking their groups of Ugandan refugees to a camp in South Sudan (name withheld for security purposes), where there are real chances of being repatriated to a much more safer country.

As reported many of the LGBTQ refugees in the Kakuma camp in Kenya are feeling increasingly unsafe. They have gotten messages from a public official noting that the Kenyan government is not recognizing the LGBTQ status of any refugee in their camp and that being queer or trans is not seen as a valid reason for getting protection as refugees.

Here's an email Edward, a member of the Kakuma LGBTQ-community, got from a Kenyan commissioner: 

Edward, The Refugee Act No. 10 of 2021 has NO PROVISION on sexual orientation as a criteria for admission into the country as an Asylum Seeker. Be advised that such cannot therefore form a basis of your being recognized through RSD to be a refugee. You cannot and shall not be granted status on basis of your sexual orientation. Neither does the Kenya Constitution recognize such things as Human Rights. Your continued stay in Kenya is therefore not based on Refugee Law and you may be arrested for being in Kenya illegally. Be advised accordingly. John Burugu Commissioner

The refugee camp in South Sudan is not necessarily a safer place for the Ugandan refugees, but both the Canadian and US governments have officials in place who are organizing repatriation for refugees, including those LGBTQ.

Elvis, a friend and ally of Nakafeero, has already taken their group of around 10 refugees to the camp and they tell me that "another 20 mates have been confirmed resettled to Canada now totaling to about 50 at the moment as the rest of us await for the πŸ‡ΊπŸ‡Έ USA embassy upcoming this month."

Unlike the Kakuma camp, the South Sudan camp is seeing the end of its life. South Sudanese refugees are being moved out, and several governments are helping resettle the non-Sudanese ones. In other words: Our LGBTQ-refugees are hopeful that they too will be given refugee elsewhere.

The plan now is to move as many of the Ugandan LGBTQ-refugees from Kakuma in Kenya to South Sudan. That will take some time and cost some money. We will keep you posted on how that goes. In the meantime we still need your support, ensuring that the refugees have the necessities needed: food, sanitary products, medicine and so one.

We are also working on a school project for the kids in Kakuma and South Sudan. Both camps provide rudimentary schooling for the children, but children of LGBTQ-refugees are harassed by both adults and other kids, and going to school goes from being directly unpleasant to straight out dangerous. Because of this the plan is to home school the kids. I will let you know more about this soon.

Nakafeero, Elvis and their extended LGBTQ families in Kakuma and South Sudan continue to need your help. Any amount is welcome!

Nakafeero & Co's crowd funding.

Elvis & Co's crowd funding.

Per Koch
Oslo, Norway

Thursday, September 19, 2024

Where to find hope of escape: In Kenya or South Sudan?

Rainbow over South Sudan, photo taken by Nakafeero.

Ugandan LGBTQ-refugees in Kenya are facing a dilemma: Should they stay in the Kakuma camp, with no hope for resettlement or should they go to a camp in South Sudan (name withheld for security purposes), which seems to give them hope of resettlement in more LGBTQ-friendly countries.

By Per Koch, Oslo, Norway

Nakafeero and her around 90 LGBTQ refugees have spent years in the Kakuma refugee camp in Kenya.  They tell horrifying stories about how they was treated in Uganda. Nakafeero herself lost her sister and mother to the local homophobic mob.

You might say that they chose to go to Kenya of their own free will, and that they are also free to leave. Which is all true - on paper. You may leave a refugee camp. But where do you go? 

As long as you are a refugee you do not have the rights of regular citizens, as in to settle down, get a job, find a new home or do any of the things free citizens take for granted.

Hate crimes in the refugee camps
Nakafeero with food funded through donations.

Moreover, as an LGBTQ person you are vulnerable to attacks from haters in the camp. Many Ugandan LGBTQ refugees live in camps in Kenya and South Sudan, countries which are both governed by governments hostile to queer and trans people. 

The Kenyan government may not protect LGBTQ hate crimes in the way the Ugandan government does, but nor do they provide queer people with the protection of the law.

I do not think we have to doubt that the UN wants to help LGBTQ refugees, but they are severely restrained by the fact that they have to be on good terms with the local government if they want to make the camps work as well as possible. So, that part of the story is - as they say - "complicated".

As I have documented before, life in the camps is not easy, especially not for LGBTQ refugees, who also face persecution from other people in the camp and - in some cases - the local police. This is serious violence, including murder. This constant fear of violence does something to your mind and your health, turning even a good day into a bad day.

Getting a resettlement status

This explains why the refugees are willing to risk a lot to get out of the camps, and to get refugee status in a more LGBTQ-friendly country. 

This will allow them to restart lives that are now put on hold, to get an education, a good job, start a family, and be a contributor to the wider society.

This is why some of Nakafeero's allies in the Kakuma camp in Kenya have risked moving to a refugee camp in South Sudan. 

This might sound strange, given that South Sudan is a worn torn country with an even more anti-LGBTQ government. But the fact is that the US and Canadian governments have given several of the Ugandan refugees in the  camp legal resettlement  status, starting last year. 

That does not mean that these refugees  can go to the US right away, though. That is a more complex process I do not know enough about right now, but this is clearly seen as progress by the refugees stuck in the kind of limbo these camps represent. 

If I understand this correctly, the UNHCR is in the process of moving all South Sudanese refugees out of the camp as soon as possible. The next goal is to move the remaining foreign refugees out of the country, using the kind of resettlement schemes presented above to achieve this goal.

Nakafeero's fellow LGBTQ leader, Elvis, took their group of 14 refugees from Kakuma to the camp i South Sudan in March. They tell me that the journey was both expensive and scary.  

But they did manage to meet with the US representative and they did get resettlement status (see photo to the right). They are still waiting for resettlement, though, and in the meantime they need help surviving in the camp. There is no time table for resettlement, and no guarantees.

Moving from Kenya to South Sudan?

All of this has made Nakafeero and her group consider their future and the possibility of moving to South Sudan in order to get a similar resettlement status. Nakafeero is in South Sudan right now visiting Elvis, Tina (a transgender activist) and their people, and gathering information of life in the camp. 

I had video meeting with many of them (including a rowdy gang of wonderful kids) a few days ago. Nakafeero took me on a video tour of the local neighborhood in the camp. 

UNHCR have provided them with some kind of tent-like housing, which should at least provide a minimum of protection against the elements.

There are local clinics and food distribution in the South Sudan camp, as well, but like in Kakuma the provisions are not enough. An added complication is that everything is more expensive in South Sudan compared to Kenya. So more funds are needed.

As in Kakuma, one of the major challenges is the lack of latrines. At the moment 300 people share one latrine, and we are looking into ways of helping the LGBTQ group get their own solution.

As you can see, Nakafeero and her allies are now active in both Kakuma and South Sudan. Whether Nakafeero will bring her own group to this camp remains to be decided. We will keep our donors posted. 

The overlap between the two groups requires some pragmatic choices regarding Nakafeero's crowdfunding project, though. The donations given to her and her group will continue to go mainly to her group in Kakuma, but to the extent there are extraordinary expenses that will benefit both communities, we may also use some funds to help her LGBTQ-allies in South Sudan.

If any of our readers know anything about the political and legal aspects of refugee resettlement, please contact me at per.koch@aviana.com. We need all the intel we can get!

Support Nakafeero and her group in Kakuma.

Support Elvis and the group in South Sudan.

Sunday, January 14, 2024

On the situation for LGBTQ-refugees in Kakuma, Kenya – an update

Nakafeero Swabulah, local LGBTQI-leader in Kakuma

Two weeks ago we presented the January UNHCR LGBTQI-report on the Kakuma refugee camp in Kenya. Today we present the views of one of the LGBTQI-leaders and activists in the camp: Nakafeero.

By Per M. Koch

It is great that the UN Refugee Agency UNHCR publishes reports on the lives of LGBTQI refugees in Kakuma. This makes the challenges these refugees face more visible, both inside the UNHCR and in their collaboration with others. This also makes it clear that this is an issue relevant to the human rights principles outlined in the Universal Declaration of Human Rights.

The UN on LGBTQI rights

“So long as people face criminalization, bias and violence based on their sexual orientation, gender identity and sex characteristics, we must redouble our efforts to end this violations,” Antonio Guterres, UN Secretary General, said on 25 September 2018.

Tuesday, January 2, 2024

UNHCR publishes a new briefing note on LGBTIQ+ refugees and asylum-seekers in Kenya


Rainbow over Kakuma.
The United Nations High Commissioner for Refugees, which is responsible for the UN presence in the Kakuma refugee camp in Kenya, has published a new briefing note on LGBTIQ+ refugees and asylum-seekers in Kenya. 

The briefing note provides an overview of UNHCR Kenya’s efforts to improve the overall protection environment for lesbian, gay, bi-sexual, transgender, intersex and queer (LGBTIQ+) refugees in Kenya.

UNHCR note that there are currently some 800 refugees in Kenya. (Our international network covers several hundred of them). The organization notes that the Kenyan government is currently developing refugee regulations to guide the implementation of the Refugees Act of 2021. UNHCR are trying to minimize the impact of provisions that may reduce protection space for LGBTIQ+ refugees. 

Homophobia and transphobia in Kenya

Keep in mind that although Kenya is not like Uganda when it comes to LGBTIQ persecution, their laws are both homophobic and transphobic. Same-sex relations remain criminalized under the Kenyan Penal Code. 

Saturday, November 25, 2023

LGBTQ refugees in the Kakuma refugee camp in Kenya need your help!


Nakafeero Swabulah, also known as Claire,  is a lesbian refugee from Uganda, living in the Kakuma Refugee Camp in Kenya, where she is organizing and coordinating efforts to help LGBTQA+ refugees and their kids.

We ask for your support so that she and her friends can provide them with medication, shelter, food, sanitary pads, milk for babies, detergents, clothes, clean water and more.

LGBTQ persecution in Uganda

The government of Uganda has become increasingly homophobic and transphobic, which has caused Nakafeero and many other and lesbian, gay and trans Ugandans to leave the country. Nakafeero's mother and sister were killed in their home by locals, as the villagers were searching for Nakafeero.

But Nakafeero and her crew of lesbian activists are in no way giving up. They are doing their best to give more than 100 LGBTQA refugees and their kids a better life in the camp. She has provided them with nutritious food, clothes, hygiene products, and – for the kids – toys.

 


Nakafeeor says:

"I do call upon anyone with support or help to please donate through our FundRazr account so that we can get much needed food, medicines and more." She draws special attention to the need for sanitary pads for the women.

"Thank you so much to anyone who will support us!" Nakafeero adds. "Your support is much appreciated!"

The campaign has already payed for a protective fence

This funding campaign has already made a huge difference for Nakafeero and her people. We have used donations to pay for a metal fence that is now protecting their sleeping area. Although violent attacks from homophobic gangs are still a problem, the refugees can at least sleep safely at night.


A collaboration between Ugandan refugees and European and American activists


The crowdfunding campaign is organized by Nakafeero together with Per and Susanne Koch. The Kochs are living in Oslo, Norway. The three of them are part of an international network of Ugandan refugees and European and American activists. All proceeds from this campaign go to Nakafeero, her crew and the LGBTQA refugees in the Kakuma Refugee Camp.

Supporters will get updates on the work of Nakafeero and her crew.

 

You can help Nakafeero and her friends by donating to our Fundrzr campaign. Click here to go to the campaign site!

 More about the campaign in these posts on the Fundrazr site:

QR-code for Fundrzr campaign site:
This page was set up by Per Koch, who may be contacted at this address: per.koch@aviana.com.