Gay Activists Alliance International Africa-Kenya

Denis Nzioka

MTWAPA

The recent events in Mtwapa targeting the gay community and KEMRI are ugly, wrong, illegal and regrettable. Incitement from religious leaders, community elders and others added to the tension, suspicion and air of hostility. Gay people, and institutions assumed to be pro-gay were attacked ruthlessly. The continuing acts are not helped in any way as one vernacular radio is alleged to air anti-gay programmes in their call-in shows and broadcasts. Interventions by the #Kenya Human Rights Commission (KHRC) and Other Sheep Kenya, welcome as they are, have elicited, but little positive response or results. The homophobic nature of the people in Mtwapa and with backing from leaders has made the situation unbearable for gay people. Gay men and women live in fear of attacks any time soon.

KEMRI and MSM

The MSM program under KEMRI was largely affected by the riots and protests that rocked the institution. Video footage shows that the mob and police targeted the MSM office/desk in the KEMRI centre and flushed out the workers and employees they found there. Intrusion, theft or damage to property, more so government property, is illegal and punishable by law. Given that this is government institute and that there has not been any government intervention or statement regarding the attack on the institute itself leaves a lot to be desired. Other service providers, government or private or those with an MSM program and who may not necessarily be in Mtwapa have raised the red flag and are worried that this may happen in their own centres should it be known they have an MSM program. Sadly, provision of health care, medicine and other services to MSM has been affected in three major ways:

• · The intrusion (and damage) done to the KEMRI offices and the MSMS desk/office lead to the immediate closure of the institute meaning that HIV positive MSM cannot access health services as it was the only place and location catering to this. This is also not helped in that there are no other local centres or hospitals that cater exclusively to MSM or have MSM outreach.
• · The beatings and arrests of the employees and practitioners involved in the MSM program is regrettable. The lack of doctors and service providers has lead to many MSM not gain access to medical service e.g. counselling, VCT, testing and treatment that require human personnel.
• · The attacks on MSM or those perceived to be gay disrupted many of those who were HIV positive from accessing medical care. Having to run or hide out of fear or be relocated has meant that those in need of ARV or other medicines cannot access them unless special provisions are made.

INTERVENTIONS

The Kenya Human Rights Commission (KHRC) and Other Sheep Kenya (OSK) have done tremendous work in trying to diffuse the tension and damage done by openly addressing and engaging stakeholders. Through meeting with the religious and the provincial administration and in countless other ways, these two groups have engaged leaders and the community. Several things can be noted from this:

• § Religious leaders and the provincial administration wield immense influence and power over the populations. Thus, if any concrete change in attitude and perception is to be made, they are the ones to be engaged and sought after for dialogue.
• § The same obstacles that affect gay people are also evident here. Religion and draconian laws against homosexuality are in effect still in force though enforced in crude and uncalled for ways. Given the large Muslim population, is it any wonder then that little or no progress has been made given Islam’s view on homosexuality?
• § The Ministry of Medical Services, under which KEMRI falls, has failed to issue any statement or show any genuine concern in this. They are yet to come out and condemn the attacks on its institution or even explain the background and plan of the MSM program and its place in its research program. If it has, this has sadly yet to be made publicly known. Perhaps, this attack on KEMRI has placed the government in a peculiar and uncomfortable position. How can they say they give non-stigmatizing services to people whose behaviour and lifestyle, according to the law, are illegal or are criminals to be arrested?
• § The vernacular media has also fanned the flames of homophobia and their attacks are directed at KEMRI as it’s the only visible target that they can aim at. Given that it’s very difficult to know who is gay or not, or who accesses the MSM desk at KEMRI, they have directed their assault to KEMRI and gone further, in its pursuit, to make up stories of how KEMRI is ‘recruiting’ people to homosexuality, how they give money to gay people among other false claims. Incitement comes, not only from the media, but also from the pulpit.

THE WAY FORWARD

We commend the work done by the Gay and Lesbian Coalition of Kenya (GALCK), Other Sheep in Kenya (OSK), and the Kenya Human Rights Commission (KHRC). Their contributions, support and aid, even in subtle ways, has at least lessened the damage and extent of loss that would have been resulted had there not been any interventions.

At the moment, government intervention is much needed. Any statement or (public) pronouncement regarding KEMRI and the attacks on it, are called for. We assume, and rightly so, that this pronouncement or statement condemning the attack on KEMRI will highlight the health challenges that have been born out of this. Medical services have been cut and this means that many people cannot access them.

The Media Council needs to be informed of the content of certain radio stations in the area that incite people to attack gay people. This is even bigger than just gay people. In 2007, we had the Post Election violence where largely the media had a hand to it by being biased and tribalistic and being pawns by political powers with vested interests. There are media laws and regulations that curtail the content, if deemed tribal or inciting, from being aired and these laws ought to be brought to the knowledge of the proprietors of these stations.

There is still need for more dialogue and engagement. At the moment, the situation is returning to relative calm. I am told that a police station has been set up to deal with security matters. Local security committees have been formed. The civil society and human rights organisations are actively involved in advocating for human rights. However, there are still other elements that linger that, like a spark, may cause the same attack to be carried out; this time even more vicious and systematically.