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 25th 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
