Gender Forum: Are sexual minority rights human rights?

Synopsis:

The integration of sexual minority rights within the broader formal human rights sphere remains hidden in reports and in the silent prosecution of potentially game-changing cases. For instance, on in June 2016, a petition was decided in Mombasa regarding the use of so-called anal testing in cases where an individual is identified as having participated in “homosexual acts”. Although members of the LGBTI rights community were optimistic that the case would finally lead to critical investigation of the rights violations that underpin keeping “homosexual acts” as a criminal charge in the penal code, instead the court upheld anal testing as a valid and permissible examination procedure.

Although often treated as a distinct field of human rights practice in Kenya, are there opportunities for further cross-pollination between LGBTI advocacy and other fields of human rights advocacy? The goal of this forum is to bring practitioners together to discuss what actual or perceived obstacles exist, what opportunities lie unexplored, and what lessons can be drawn from the experience of this litigation.

Key discussion points:

• Should broad-based human rights organizations do more to openly engage with and support LBGTI advocacy in Kenya?
• What could LGBTI rights organizations do to bring broad–based human rights organizations into conversations on this litigation?
• Why are conversations on human rights issues in Kenya so inward-looking?
• In what ways can collaboration on issues such as this increase the impact on human rights issues in Kenya generally?
• What lessons are available for all human rights organizations from the experience of this litigation and the surrounding advocacy?

Discussion Panel:

Eric Gitari (National Gay and Lesbian Human Rights Commission), Neela Ghoshal (Human Rights Watch), Esther Adhiambo (Initiative for Equality and Non Discrimination- INEND)

Moderator: Nanjala Nyabola (hbs)

About the Gender Forum

The Gender Forum is a monthly public dialogue convened by the Heinrich Böll Stiftung since 2001, encouraging dialogue on pertinent national issues with a gendered lens. It brings together scholars, law makers and implementers, civil activists, government institutions, students and the general public, aiming at sharing knowledge and inspiring gendered analysis of policy and programmes. The forum also convenes around the country in response to county needs.

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