Ruth Coppinger
Question:54. Deputy Ruth Coppinger asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on the rights of LGBTQ+ persons in Kenya; and if he will make a statement on the matter. [18293/19]
View answerThursday, 18 April 2019
Questions (54)
Written answers
Kenyan law criminalises male homosexual relations. However, some interpretations suggest that it also prohibits female same sex relations. Consequently both men and women in same sex relationships in Kenya fear the possibility of legal persecution.
A petition seeking to decriminalise same sex relations is currently before the High Court of Kenya, arguing that two sections of the relevant legislation contravene the articles of the 2010 Kenyan Constitution guaranteeing equality, dignity and privacy for all citizens. In particular, they argue that the provisions in question are contrary to the right to privacy. In February 2019 a decision on the case was deferred to 24 May, with the significant volume of judicial caseloads the reason for the adjournment.
In a separate case in March of this year, the Kenyan Court of Appeal upheld a High Court decision directing the Non-Governmental Organisations Coordination Board to register the National Gay and Lesbian Human Rights Commission (NGLHRC) as an NGO. The NGLHRC had been struggling for formal registration as an NGO since its foundation in 2012.
In 2018, the Kenyan Film Classification Board banned the screening of a film, Rafiki, selected to premiere at the Cannes Film Festival. The film was banned for its “clear intent to promote lesbianism”. The High Court later granted an application to lift the ban for seven days to allow the director to submit it to the 2019 Oscars selection committee of Kenya.
Against a backdrop of societal unease, a change in current laws would assist in enabling a broader acceptance across Kenyan society of same sex relations.
The promotion and protection of human rights, including LGBTI+ rights, is at the heart of Irish foreign policy. In accordance with our commitment in The Global Island – Ireland’s Foreign Policy for a Changing World, Ireland works on an international level to promote the rights of LGBTI+ people, who continue to face disproportionate levels of violence and systematic discrimination, through our multi-lateral engagement with the United Nations and the European Union as well as our engagement in regional organisations such as the Council of Europe and the OSCE.
A Better World, Ireland’s new policy for international development, acknowledges that members of the LGBTI+ community often experience systemic levels of discrimination and marginalisation, and that threats to human rights and civil society space undermine the basis for peaceful sustainable development in many contexts.
Ireland continues to actively monitor human rights, including LGBTI+ rights, in Kenya through our Embassy in Nairobi, and through our cooperation with the European Union Delegation in Nairobi.