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The 23rd International Gay & Lesbian Association (ILGA) meeting was concluded in Geneva on Monday 4th April after a week of discussions and workshops around lesbian, gay, bisexual and transgender issues (LGBT). Africa was represented by LGBT activists from South Africa, Namibia, Zimbabwe, Uganda, Rwanda, Nigeria, Tunisia and Senegal.

The two issues that most concerned the Africa group were the homosexuality trial in Cameroon and the proposed same sex marriage law in Nigeria.

Among other issues tackled were: the case of Ugandan LGBT activist, Victor Julie Mukasa. An outline of her case and her proposed course of action was presented in a plenary session alongside with a description of The All Africa Rights Initiative (AARI) and The Coalition of African Lesbians (CAL).

On the arrest and detention of 35 men on homosexuality charges in Cameroon (11 are still in prison), Alice Nkom, the lawyer for the defendants, was present and was able to provide us with details on the background to the case and the present situation. The trial is due to start on the 21st of this month. The prisoners have been refused bail and are housed in overcrowded cells with the most violent criminals, where they are sure to be sexually assaulted. Nkom reported that there was one positive element in that the President of Cameroon, Paul Biya, has asked that people put their religious and personal beliefs aside and judge the matter on the basis of human rights. She is approaching the case from the point of view that like the Jim Crow laws of southern US which led to the Civil Rights movement and the apartheid laws of South Africa, the law being applied in the Republic of Cameroon is a violation of human rights.
Just last week, 11 female students were dismissed from their college "after confessing" to the Disciplinary Council of the school of belonging to a network of lesbians.

In the case of Nigeria, the proposed legislation which will ban any advocacy around LGBT issues – the Same Sex Marriage Prohibition Act, 2006 - has already been presented to the House of Representatives. President Obasanjo is calling for the bill to be fast tracked.

President Obasanjo urges the National Assembly to give expeditious consideration and passage to the bill. “This is because the problem has become topical and embarrassing in recent times.”The House Leader added that "the problem of homosexuality has become very disturbing in view of the increasing number of gays and lesbians in the country".

Nigerian delegates said the bill would create a climate of fear amongst the community at large and would impact on HIV counseling and testing; drive the issue of sexual identity underground; and further reduce the number of reported rape cases both for men and women. Women and girls would be even more reluctant to report rape for fear of being labelled lesbian and therefore the bill would put women at even more risk of being raped. As advocacy and support by any organisation around sexual identity will become illegal, organisations such as Alliance Rights Nigeria and SPIN will be at risk of being criminalised.

The Nigerian contingent met with a lawyer from the Nigerian Human Rights Commission (HRC) to discuss possible strategies. It was decided that the first step would be to present a document outlining the issue of LGBT in Nigeria in relation to the proposed legislation to the HRC. Another possible course of action was to take the matter to the constitutional court. The lawyer pointed out that the process would take anything from 5-10 years with no guarantee of a positive outcome. There were three considerations:

1) Innovation (no legal precedent);

2) Hostile judges and a hostile system leading to an unfavourable judgement;

3) Social perception leads to legal change and in this case the overwhelming social perception is that homosexuals are social misfits and or mental cases.

In the North, gay men are seen as being paedophiles and or pimps whilst ironically in the south many lesbians are quite open about their sexuality.

Two Africans - one transgender and one lesbian - were chosen as ILGA representatives for the continent.

On Friday night we learned that the proposed bill had been presented to the House. The following day two meetings were held to discuss how to respond. It was decided that Human Rights Watch would take the lead by contacting various international organisations and possibly the UK government to take the matter up with the Nigerian Government and President.

It was also decided to contact Bishop Desmond Tutu and possibily Nelson Mandela in the hope that they could speak directly with the President and other members of government and the Senate.

Also on Monday 4th April, representatives from some African LGBT groups accompanied by ILGA officials presented a letter protesting the current anti gay bill in Nigeria to the Nigerian Embassy in Geneva.

African organisations that participated in the conference were:

Freedom and Roam Uganda
Alliance Rights Nigeria
SPIN
Changing Attitude
The Rainbow Project
Engender
GALZ
FEW
ARC En Ciel D'Afrique

* Sokari Ekine produces the blog Black Looks,

* Please send comments to [email protected]