The Church and the state of gay rights in Kenya

By Peter Anaminyi

In a recent address last month to a national symposium on HIV/Aids targeting homosexuals, lesbians and sex workers in Kenya, Hon Esther Murugi, a Minister in the Office of the President in Kenya, told the participants that “We need to learn to live with men who have sex with other men… we are in the 21st century and things have changed.”

She went on to say that homosexuals and sex workers were an independent constituency and should not be stigmatised and called for statistics to enable the government to develop a policy to cut prevalence rates among the group.

The reaction of religious leaders was predictable, virulent, violent and swift.

The Organising Secretary of the Council of Imams and Preachers described her utterances as “satanic and contrary to African culture” and added that “God in his holy books (Quran and Bible) cursed homosexuality and directed us to fight it.’ He went on to urge the President and the Prime Minister to take stern action against the minister. His comments were supported by the Chairman of the Kenya National Muslim Advisory Council.

Not to be left behind more than 74 churches under the aegis of the Federation of Evangelical Indigenous Christian Churches of Kenya petitioned the President to sack the minister over her remarks and threatened to hold public demonstrations if this was not done. They warned that the Ministers statement would invite God’s wrath.

However a week or so after the minister’s statement, the Minister for Justice and Constitutional Affairs added what must have come as a shocker to some members of the religious community: the Government was not going to discriminate against gays in the provision of services. It’s against the new constitution. What people do in their bedrooms should be a private matter.

Homophobia however is not unique to Africa, as the recent suicide ofTyler Clementi, the 18 year old Rutgers University freshman who felt he would rather commit suicide than have people know that he is gay, has shown.

Kenya Government statistics show that over 30 percent of all new HIV infections are generated by commercial sex workers, homosexuals and drug users. All these groups are engaged in sexual and other behaviors that are currently criminalised. An HIV prevention policy therefore that assumes that 30 percent of the problem to be solved does not or should not exist would be one that is based on wishful thinking.

Almost 30 years after the first incidence of HV was reported, 35 out of 52 African countries or almost 70 percent of them were unable to report any information about gay populations to the United Nations General Assembly Session of HIV/AIDS (UNGASS) this year.

Again whereas the Centre for Disease Control has found that the unadjusted probability per coital act of transmitting HIV is 80 times higher for receptive anal intercourse than for vaginal intercourse, and that the rate of new HIV diagnoses among men who have sex with
men (MSM) is more than 44 times that of other men and more than 40 times that of women, the risk of homosexual behaviour in relation to HIV in Sub Saharan Africa has been measured in only 14 out of 118 studies reported between 1984-2007.

No responsible government can allow this state of wilful ignorancev and inaction to prevail. The Kenya government is therefore pursuing an evidence based policy in addressing the issue of HIV and sexual minorities through it’s National Aids Strategic Plan. This plan is a product of the Kenya National Aids Council whose corporate members include all the main Christian religious denominations in Kenya who are represented on its board by the National Council of Churches in Kenya, as well as the Supreme Council of Kenya Muslims, and the national associations representing all employers, NGO’s and women organisations. It is not possible to constitute a membership that is wider, stronger or more reflective of the state, civil society and religious interests.

The Plan fully embraces the gay community and organisations that have expertise in this area and commits the government to addressing the delicate and controversial issues of decriminalization and access to services. Significantly the plan states that Cutting across all
strategies will be a central focus on MARPs (Most at Risk Populations: gays, sex workers and injecting drug users) and vulnerable groups.

In compliance with its international human rights treaty obligations, the Kenya Government presented its second periodic report on compliance with the International Covenant on Civil and Political Rights in 2005, to the United Nations Human Rights Committee, and cited the differences and conflicts within the Anglican Church and communion and the strong homophobic stance of the African Anglican Bishops as one of the factors it was considering in framing its policy towards same sex relations.

In response to a question as to whether it considered the criminalisation of homosexuality to be inconsistent with the Covenant’s non-discrimination clauses, Kenya’s Attorney General said that ‘The movement appeared to be towards tolerance, but the Government would watch the issue closely, particularly as the Anglican Church was currently struggling with the matter.’

However in response to calls this year for decriminalization of homosexuality by the US, France, Netherlands and 97 national international development organisations in Kenya, the UN reported that the Kenya government said it was ‘Committed to decriminalize them and combat discrimination, but facing serious social intolerance towards homosexuals’. And in its report to the United Nations General Assembly Session of HIV/AIDS this year, the Government recommended the revision and harmonization of health and criminal laws ‘so that all the issues of HIV and AIDS that are affecting the MARPs (Most at risk populations)… are addressed.’

The Anglican Church of Kenya is represented on the Kenya National Aids Council by the ational Council of Churches in Kenya. In fact the Anglican Church is the largest denominational member of this Council.

The violent attacks on Kenya’s minister are an indication of the fears African governments have about adopting evidence based approaches in dealing with HIV and AIDS due to culture and religion. They are also an indication of the inability of some churches to distinguish between moral values that should guide their members and public policy that guides all. But how will Africa’s cultural values and religion exist if its people are dead from the consequences of taking the same values and beliefs uncritically? Kenya is prepared to work with any individual or organisation, local or international to address to the human rights and health issues of its gay communities and other sexual minorities.

Peter Anaminyi is the National Director/CEO Feba Radio Kenya and formerly a Manager
with the National Bank of Kenya and Assistant Inspector of State Corporations, Office of the
President, Kenya. He holds an MA in Management from the University of Leeds, in England
an M.Sc in International Banking and Financial Studies from Herriot Watt University in
Scotland and an MA in human rights law and diplomacy from the University of
Witwatersrand in South Africa. The views expressed are his own and do not reflect the views
of Feba Radio, Kenya.

Comments (1)

Jim,

Thanks for posting this. It's news that's full of promise (and obviously some serious risk as well). I'm remembering two lovely conversations with African church leaders in Africa, one an Anglican priest, the other a Roman Catholic nurse. Both had done a significant piece of their advanced training in U.S. or U.K. settings. What they learned in our setting made sense to them. They saw it was relevant to their setting, but both said that the North/South division around the place of LGBT people in the church wouldn't really begin to resolve itself until African voices, African witness, African scholarship and African research helped Africa see that LGBT people aren't just a Northern 'us' or aren't just "among us" in the North but in Africa too.

In much of Africa, AIDS is also a very, very significant part of the story of empowering women, both as evidence to the disempowerment of women and in suggesting a way forward against the disease that demands empowering women - in many countries the most at-risk population is married women who are faithful to their husbands. And I should specify here married *Christian* women. Often the AIDS infection rate is lower among Muslims where pre-missionary polygamy remains legally and socially intact. (That's an epidemiological observation; certainly there are Muslim women and men who are questioning whether polygamy is a legitimate structure as Islam finds its way to acknowledging full personhood of women).

The Victorian era evangelization of Africa burdened many African churches (certainly the Anglican churches in much of Africa) with a religious taboo against talking about sex except in relatively veiled exhortations to monogamous commitment. Old African words and ways of talking were judged dirty or part of the devil worship the missionaries were trying to suppress (another story that the healers and practitioners of black magic got lumped together in much missionary teaching).

In the countries hard hit by AIDS, literally anyone you meet will have lost an immediate family member - parent, sibling, or child - to AIDS. The pressure of the AIDS epidemic is breaking open the taboo against talking about sex and talking about sex in church. (Does this sound at all familiar to any of us?)

In Africa within the last ten years we've seen some of our Anglican bishops not only asking everyone to be tested, but standing in line at the clinic (public witness) to be tested themselves. Some of our bishops always begin their visitations (before any liturgy, literally as part of the greeting) with the bishop announcing that he's had his HIV test and that he wants everyone in the church to do the same, and then he reminds the congregation of ABC's. (More on ABC's below.)

Once Brazil and India cracked open American drug company's proprietary stranglehold on life-saving drugs HIV testing made very good pragmatic sense. Anti-retrovirals are now available enough in some African countries that everyone knows people whose lives have been saved, who, thanks to ARV's are continuing their work as teachers or nurses, who are raising their children to adulthood, who are contributing to church and society. When someone begins to lose weight, have colds and flu that they can't shake, have mysterious headache symptoms, good friends and neighbors WILL say, "get tested."

Evidence based strategies!
Researchers have done substantial research on African sexual practices, including the discovery that the average African has about the same number of sex partners in his or her lifetime as the average American. And researchers have learned that what's different is that Americans with multiple partners are likelier to have sequential relationships while an African man who has more than one partner (and obviously not everyone does), is likelier to sustain the same three or four relationships off and on over a lifetime. That looks to me like a Victorian legacy - the missionaries driving polygamy underground. From an epidemiological perspective 'open sexual networks,' the overlap of those ongoing three or four person relationship patterns with other like networks gives the AIDS virus its best access to a large population. The rate of infection goes up significantly with - - - repeated exposure to the same strain of the virus. The stable networks are actually more conducive to a new infection than many, many partnered promiscuity.

This significant piece of data helps us see why promoting ABC (Abstinence, be Faithful, or use a Condom) has been so much more successful reducing the infection rate than either religiously inspired AB ONLY campaigns and secular NGO condom promotion.

Evidence-based epidemiology makes good sense to Anglicans inspired and shaped by Richard Hooker. It's the good use of reason and experience with a Gospel-outcome -
'The truth will make you free.'

Clearly part of the truth has remained unspoken and taboo and therefore, typically beyond the reach of evidence gathering. Northern Anglicans know that'no gays in Africa' is big lie. As Africa awakes from the lie and moves painfully to freedom, we might remind ourselves that our towns and villages until recently had our own version of that lie. How many Americans a decade ago could say, 'I don't know any gay people?' How many now?

For the African story, my hunch is that at least part of that 'no gays here' taboo is an inheritance from Victorian missionaries. Whatever local cultural adaptation and incorporation of same sex behavior was present when the missionaries arrived got hidden from missionary eyes and then covered with a veneer of Victorian-defined respectability. The patriarchal version of Christianity that nurtured U.S. and British missionaries as well-equipped to pattern denial as long as a man publicly acted like a man (played the role of husband and father).

Epidemiology counts on real studies and real evidence. Peter Anaminyi reminds us that one huge gap in the evidence - patterns of same sex contact across the population - stymies and distorts our best efforts to address the disease. Africans are beginning to find ways to ask the questions that will produce the evidence. This stage of learning the truth is risky for researchers who ask and risky for respondents who tell.

Anglicans in the North too often have addressed the South from an enlightened stance as if we'd always somehow known what in fact, we've learned painfully over the past generation and a half.

How many young men in the first devastating years of our own AIDS epidemic only came out to family because they were dying? Why had so many young gay men moved to New York, San Francisco, Atlanta, Houston, L.A. etc.

Sometimes the truth that makes us free comes unsought. Sometimes 'righteousness' and maintaining the appearance of being upright by some standard foreign to experience and more moralistic than the Gospel is just another name for denial.

What I find so moving in this article is the courage of Africans asking the questions and beginning to speak the truth. Temember when that began to happen in the U.S. in the second half of the 1980's? The African church is just learning to say "Our church has AIDS." And for reasons that epidemiologists are beginning to make clear to us, the first evident data what broke their silence and stigmatization was different from what broke it for us. In Africa, telling the truth and gathering evidence began with heterosexual and mother-to-child transmission. Now Africans are beginning to say (and some risk of professional position and sometimes worse risks), "There's more to the story. We need to look truthfully at who we are. Our sisters and brothers, our mothers and fathers, our children are dying of AIDS. There are many ways the disease is spread. Some of our sisters, some of our brothers and mothers, some of our children are gay. That's always been true, but we've forgotten or pretended otherwise. Time has come to tell the truth. It will make us free."

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