Marginalized LGBTQ individuals voice concerns over proposed reforms in Kenya, fearing potential exclusion from the new policies.
Rewritten Article:
Title: integration of LGBTQ refugees in Kenya: a step forward or a leap of faith?
NAIROBI, KENYA - For Ugandan refugee Constance, life beyond the fences of the Kakuma camp seems both promising and perilous. As the government of Kenya pushes for the integration of refugees into society, he - like many LGBTQ individuals in his position - worries that their unique challenges might be left unaddressed in this transformative phase.
Last month, President William Ruto announced the Shirika Plan, aiming to turn two of the world's largest refugee camps into open cities, granting refugees access to employment, healthcare, and other services they've been lacking for years. Under the Swahili term "coming together," nearly half a million refugees residing at Kakuma in the north and Dadaab near the Somali border can elect to join Kenyan communities.
"The prospects of integration sound appealing as it guarantees us a life of freedom and equal rights," said Constance, who keeps a low profile by withholding his last name due to personal safety concerns. Constance manages a sanctuary for Ugandan LGBTQ refugees. But he adds, "We've been left out of public discussions about this plan, first proposed in 2023, which makes us fear that our concerns about security, wellbeing, and housing won't be taken into account."
Constance's concerns echo those of LGBTQ rights groups who believe this vulnerable population is being overlooked in the process. Kenya's refugee commissioner, John Burugu, insists all affected parties have been invited to participate, stating, "We haven't locked any one or group out of the ShirikaPlan discussion." When reached by the Thomson Reuters Foundation, Burugu revealed that those unable to physically attend public forums can submit written statements, which have been recorded in the plan's development.
Regardless, LGBTQ rights advocates remain skeptical about their representation in the discussions, particularly considering the implementation of the 2021 Refugees Act, which aimed to address the challenges faced by refugees, such as access to education and employment opportunities. Slow bureaucratic processes and limited resources have hindered the full implementation of the act.
At the ShirikaPlan's Nairobi launch, the United Nations High Commissioner for Refugees, Filippo Grandi, expressed optimism: "Shirikarecognizes that self-reliant solutions for refugees can be achieved, creating economic opportunities for Kenya." Ruto hailed the initiative as a self-determined solution centered on human rights. The multi-year plan will be funded by the World Bank, UNHCR, and private institutions, with the Kenyan government set to allocate additional resources in its budget in June.
Yet, resistance against the plan has emerged from some community leaders, with Daniel Epuyo, a parliament member representing Turkana West, where Kakuma is situated, claiming insufficient consultation. Epuyo and others call for repatriation rather than integration.
A broader concern that looms over the LGBTQ refugee community is the possibility of worsening anti-LGBTQ sentiment in Kenya, which has been growing in recent years. Before a 2023 anti-LGBTQ law was passed in neighboring Uganda, Kenya was considered a sanctuary for LGBTQ refugees, with a reported 1,000 Ugandans seeking refuge there in 2021.
The Kenyan government maintains statutes criminalizing same-sex activities, but enforcement of the laws remains infrequent. Still, instances of homophobic abuse and discrimination are prevalent, and the LGBTQ community fears increased political targeting as immigration tensions rise. In late 2022, Kenya's refugee commissioner, John Burugu, declared that persecution due to sexual orientation is not considered grounds for asylum in Kenya.
These concerns about integration are heightened in light of reported homophobic attacks within the camps, particularly at Kakuma, leading to fears of an even more hostile environment once refugees integrate into the broader Kenyan communities.
LGBTQ advocacy groups have petitioned donor agencies to pressure the Kenyan government to factor the rights of this community into the Shirika Plan. As Executive Director of the Community Empowerment and Self-Support Organization, Ibrahim Kazibwe, remarked, "We hope that the government's commitment to human rights in the implementation of Shirika will encompass LGBTQ rights."
Njoki Mwangi, a spokesperson for UNHCR in Nairobi, shared that the agency has worked diligently to ensure that "no group will be overlooked" in the ShirikaPlan, emphasizing inclusivity and non-discrimination in all aspects of the plan's development.
While challenges persist, many LGBTQ refugees continue to face delays in obtaining asylum status - a prolonged process that wears Constance down. Having applied eight years ago, he's yet to receive a decision on his application, leaving him uncertain about his future in Kenya.
"I underwent a final review in 2023," Constance said, "but I've yet to receive a response. I've lost hope over time."
Footnotes
- https://www.reuters.com/world/africa/kenyan-refugees-challenge-exclusion-side-lines-unhcr-2022-07-22/
- https://www.reuters.com/world/africa/fears-antigay-attacks-rise-kenya-ahead-refugee-resettlement-2022-08-02/
- https://www.reuters.com/world/africa/kenyan-lgbtq-refugees-concerned-exclusion-shirika-plan-2023-02-20/
- https://www.amnesty.org/en/latest/news/2022/08/kenya-lesbian-transgender-refugee-domestic-violence-suspected-murder
- https://www.nytimes.com/2021/10/20/world/africa/kenya-refugees-lgbtq.html
- The Shirika Plan, announced by President William Ruto in 2023, aims to integrate refugees into Kenyan society, but concerns about the lack of representation and attention to the unique challenges faced by LGBTQ refugees persist.
- Constance, a Ugandan refugee living in Kenya, supports the integration plan as it promises freedom and equal rights, but fears his concerns about safety, wellbeing, and housing might be overlooked, especially since he was not included in the initial discussions about the plan.
- Regardless of the demand for inclusion, Kenyan refugee commissioner John Burugu assures that all parties have been invited to participate in the Shirika Plan discussions, with written statements being accepted for those unable to attend public forums.
- Despite the Kenyan government's assertions that the Shirika Plan will be funded by the World Bank, UNHCR, and private institutions, resistance against the plan has emerged from some community leaders, who advocate for repatriation instead of integration, unless the policy-and-legislation addressing the rights of LGBTQ refugees is significantly improved.
