Kenya’s proposed Family Protection Bill, 2023, has sparked international criticism for its severe implications on the rights of refugees and asylum seekers who identify as LGBTQ. The bill, which seeks to criminalize homosexuality with a life sentence, is currently under consideration by a parliamentary committee, with opposition MP Peter Kaluma as its sponsor. The proposed law, which is an amendment to Kenya’s Penal Code, prohibits consensual same-sex relations, and the miscellaneous provisions allow for the expulsion of refugees and asylum seekers who breach the law.
Kenya, a country that hosts more than half a million refugees in its Kakuma and Dadaab camps from neighboring nations: Burundi, Somalia, South Sudan, Ethiopia, Uganda, and the Democratic Republic of Congo, has been accepting LGBTQ refugees and asylum seekers without questioning their sexual orientation. This is despite rampant cases of homophobia in the country and some LGBTQ refugees complaining about discrimination, violent attacks, and destruction of their property by other refugees and residents.
The proposed law’s implications are severe for LGBTQ refugees and asylum seekers who could be expelled from the country if the bill passes. This move comes barely three months after more than 300 LGBTQ refugees at Kakuma camp launched an online signature collection initiative to petition the authorities to stop discrimination, torture, and mistreatment. The petition decries rampant incidents of brutal attacks in the camp that have left them with “deep wounds and scars” that often result in disability and death for some victims.
The Family Protection Bill, 2023, has sparked mixed reactions from Kenyans, with some supporting it and others opposing it for infringing and undermining other people’s rights. However, the bill seeks to limit several constitutional rights and freedoms in restricting LGBTQ practices and associated activities in the country. It would impose a jail term of not less than five years on people found guilty of assembling, picketing, promoting, or supporting LGBTQ-specific activities. The bill also seeks to limit the right to information by restricting the media from publishing or broadcasting LGBTQ-specific content and would ban the recognition or registration of any LGBTQ group or organization in Kenya.
The move to curb homosexuality in Kenya through the new law comes amid increasing international criticism of the country’s treatment of LGBTQ refugees and asylum seekers. Several LGBTQ human rights groups, including the Organization for Refuge, Asylum, and Migration, have released reports on the violations LGBTQ people face in Kakuma, which is one of the world’s largest refugee camps. The U.N. Refugee Agency in Kenya has also issued a statement in response to homophobic attacks on LGBTQ refugees in Kenyan camps by assuring its commitment to their safety.
As the world focuses on ensuring the rights of all individuals, irrespective of their sexual orientation, the proposed Family Protection Bill, 2023, raises serious concerns about Kenya’s treatment of LGBTQ refugees and asylum seekers. The bill seeks to limit several constitutional rights and freedoms and is a worrying development for human rights advocates in the country and beyond.
