HRC38: ID with the Independent Expert on SOGI and the Special Rapporteur freedom of peaceful assembly and of association

UN Human Rights Council: 38th regular session
Item 3: Clustered interactive dialogue with the Independent Expert on sexual orientation and gender identity and the Special Rapporteur on the rights to freedom of peaceful assembly and of association

Oral statement

Mr. President,

On behalf of DefendDefenders (the East and Horn of Africa Human Rights Defenders Project), I would like to extend my warmest congratulations to Mr. Clément Voulé for his appointment as UN Special Rapporteur. We welcome his first report, including his analysis that patterns of attacks against the civic space around the globe have resulted in serious limitations to the exercise of the rights to freedom of peaceful assembly and association. This holds true for LGBTI persons, defenders and organisations, who are particularly vulnerable to physical attacks and at risk of arrest, detention and harassment, both from the authorities and non-state actors.

As highlighted by Independent Expert Victor Madrigal-Borloz, deeply entrenched stigma and prejudice on the basis of sexual orientation and gender identity, reinforced by discriminatory laws and regulations foster a climate where hate speech, violence and discrimination are condoned and perpetrated with impunity. The media often amplify and disseminate messages that foster this climate.

Across the East and Horn of Africa, violent illegal acts by police and other actors targeting the LGBTI community are all too frequent. In Tanzania, as President Magufuli’s rule has taken on a moralistic tone, the situation of LGBTI persons and HRDs working on SOGI issues has become increasingly precarious. On 17 October 2017, a legal consultation organised by local NGO CHESA and South Africa-based ISLA was raided by police in Dar es Salaam. CHESA was immediately suspended. The status of the investigation, the legal status of the case, and CHESA’s registration status remain unclear. The case against CHESA has no legal basis, as “promotion of homosexuality,” of which members have been accused, is not an offence under Tanzanian law. As one HRD DefendDefenders interviewed last month said: “Our existence bothers some people.”

In Uganda, in the last few years, Pride Uganda celebrations have been shut down, affecting Ugandans’ rights to peaceful association and assembly. In a recent instance, celebrations to mark the International Day Against Homophobia, Transphobia and Biphobia were shut down by Uganda’s Minister of Ethics and Integrity.

We call on the Tanzanian and Ugandan authorities to reverse course and fully respect freedom of peaceful assembly and association, including of LGBTI persons, defenders and organisations and to publicly commit to bringing impunity for acts of violence and discrimination against them to an end.

Thank you for your attention.


Human Rights Defender of the Month: Anny Kapenga

As a young student, Anny Kapenga used to cringe at the cult-like worship of Mobutu Sese Seko, the then Zaire’s President. By then, in the early 1990s, Zaire was still under one party rule, and calls were increasing for Mobutu to open political space to allow other parties to operate. In the meantime, however, all Zairians were expected to show affection for Mobutu wherever they gathered in public.

Students across Zaire’s schools were required to sing and dance adoringly before his (Mobutu)’s portrait every morning before they went to class, and all school scholastic materials were emblemed with his portrait. A young Anny never really appreciated the obsession:


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