Ambassador Amina Mohamed

Ambassador Amina Mohamed

Cabinet Secretary

Ministry of Foreign Affairs and International Trade

Republic of Kenya, Nairobi

Dear Ambassador,

Re: Draft Resolution at Human Rights Council on Human Rights, Sexual Orientation and Gender Identity

We the under signed Kenyan organizations write to you in regards to the referenced draft resolution that has been presented at the Human Rights Council by Brazil, Colombia, Chile and Uruguay and is due for voting from Thursday the 25^th of September 2014.

The referenced resolution – a follow up to the Human Rights, Sexual Orientation and Gender Identity Resolution adopted by the Human Rights Council in July 2011 and tabled by South Africa – recalls the universality of human rights, and notes concern about acts of violence and discrimination based on sexual orientation and gender identity. It also welcomes positive developments, and requests regular reporting by the High Commissioner for Human Rights. This draft resolution also hinges on the 2014 Africa Commission on Human and Peoples Rights’ Resolution against Violence on Real or Perceived Sexual Orientation and Gender Identity which we encourage Kenya to be guided by, in its international policy on this issue.

We further note with concern that in Kenya, violence and discrimination based on sexual orientation and gender identity continues to be tolerated by the existence of criminal sanctions against same sex adult consensual sex in private in our Penal Code. We reference the Kenya National Commission on Human Rights 2012 report on Reproductive Rights in Kenya and the Kenya Human Rights Commission’s 2011 report ‘The Outlawed Amongst Us’ which reports allude to these and more discriminative facts substantively. We are deeply concerned by 2014 UPR shadow reports by human rights organizations in Kenya to the UN HRC which account of violence, torture, stigmatization and abuse and other forms of prejudice on real or perceived sexual orientation and gender identity in Kenya.

We ask you to appreciate the injuries to dignity and other lived effects of this discrimination to sexual and gender minorities in Kenya and their families. We recognize that when issues of discrimination against sexual orientation, gender identity and expression communities are raised, Kenya has equated them to calls for to same sex unions. We wish to emphasize that in this instance our key concern is about discrimination and its consequences and not same sex unions or marriage. This discrimination goes against the Constitutional guarantees in chapter four of the Constitution. We are encouraged  that Kenya sits in the UN Human Rights Council and therefore request that Kenya sends a clear message that human rights violations on these grounds are not acceptable – ever, and that the UN has a responsibility to address the issues in a systematic way through regular reporting.

We acknowledge that although issues of sexual orientation and gender identity are sensitive for many States, all States have agreed that no human being should face violence, torture, stigmatization and abuse. Failing to explicitly address these issues would send a negative message that violence and discrimination based on sexual orientation and gender identity are not a concern for the Council. As earlier stated, there are good practices including from a resolution recently adopted by the African Commission on Human and Peoples’ Rights.

We note that these issues have been subject to political debate in Kenya and the African subcontinent. We encourage Kenya to enhance its international brand as a liberal democracy that protects the equal rights of its entire citizenry. A rising African democracy that champions, supports and implements pan Africanism including resolutions of AU bodies such as the ACHPR. To this end, we encourage you to support this resolution as an incremental way of helping provide a space for constructive dialogue around these important human rights issues, increase awareness of the issues and enhance the Council’s capacity to fulfil its mandate by addressing human rights issues on these grounds

Sincerely,

	Eric Gitari Executive Director National Gay and Lesbian Human Rights Commission
	Lorna Dias GALCK Reloaded Taskforce Team Lead The Gay and Lesbian Coalition of Kenya
	Atsango Chesoni Executive Director Kenya Human Rights Commission

Cc:

H.E. Dr. John O. Kakonge

Ambassador/Permanent Representative

Permanent Mission of the Republic of Kenya

to the United Nations Office in Geneva

James Kihwaga

Minister Counsellor (Legal)

Permanent Mission of the Republic of Kenya

to the United Nations Office in Geneva

Commissioner Kagwiria Mbogori

Chairperson

Kenya National Commission on Human Rights

Nairobi, Kenya

Encl:

a)    KHRC Report

b)    KNCHR Report

c)     ACHPR Resolution

d)    UPR shadow report and attachment

e)    Draft UN Resolution