In spring 2022, International Support – Human Rights and Large Movements APS decided to combine their specific expertise to carry out an advocacy campaign to raise awareness among the public and policymakers about LGBTQ+ asylum seekers and refugees in Kenya’s living conditions.

The organisation International Support – Human Rights, has been involved in protecting and safeguarding the rights of Kenya’s LGBTQ+ refugees for over 10 years and since 2018, with the help of its partners and international pressure, has managed to resettle some of them.

The association has always worked closely with UNHCR staff, trying to steer the agency towards change to ensure greater security for LGBTQ+ guests in its camps. International Support – Human Rights relayed the demands of this vulnerable category of applicants to the European Parliament and facilitated the adoption of the 2021 Resolution presented at the Strasbourg Plenary. In this text, European countries pledged to support Kenya in improving reception conditions in the two largest refugee camps in Africa.

The organisation has also always been at the forefront during emergencies, sending help and requesting targeted investigations, as in the case of the 2021 fire in which a young refugee from the LGBTQ+ community, unfortunately, lost his life.

The decision to collaborate with this association derives directly from the broader mission of Large Movements APS: to create an increasingly extensive and solid network of associations that share the same operational methodology, to promote a narrative change – which can no longer be postponed – regarding the world of international cooperation and social inclusion. This methodological commonality also passes through the capitalisation of best practices developed in the field by other associations, thus making it possible to extrapolate important lessons to realise projects that have an increasingly greater social impact.

Moreover, since one of our long-term objectives is to stimulate dialogue between institutions and the direct beneficiaries of migration policies to create proposals for laws, interventions or projects that take into account the real needs of the affected communities, the experience of International Support – Human Rights in this sense is also fundamental for the training and professional growth of our team.

In full respect of the working synergy, Large Movements APS immediately made its expertise in infotainment and design available to the partnership, to create an advocacy strategy as innovative and creative as possible.

Thanks to joint work over the past year, we have been able to:

– Analyse the international legislation that applies to this issue;

– Gather information on the current situation in Kenya for the LGBTQ+ community through interviews with the various actors involved (UNHCR staff, NGOs working on the ground, LGBTQ+ refugees and asylum seekers, investigative journalists working in Kenya, and Kenyan police personnel);

– Gather sufficient evidence to substantiate the accounts of LGBTQ+ refugees and asylum seekers regarding the human rights violations they are forced to endure

Below is the result of this first phase of activities.

Legal framework

As aforementioned, we have been able to collect many testimonies and materials documenting insufficient protection of the LGBTQ+ community living in the Kakuma camp, in the light of which we can state that there is limited protection for the vulnerable category.

Especially concerning lesbian women, their children, disabled queer people and trans people, categories that are more exposed to violence and abuse. Refugees from the LGBTQ+ community routinely suffer violence and attacks.

This violates both the UN Convention relating to the Status of Refugees and every convention signed by Kenya. All of them recognise equal rights, inalienable to all people, as these rights derive from the inherent dignity of the human person.

To facilitate a full understanding of the gravity of the situation on Kenyan soil, we cite some articles and conventions containing fundamental principles that Kenya itself has recognised as applicable to any individual:

• Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, which provide that no one shall be subjected to torture and/or cruel, inhuman or degrading treatment or punishment;
• the Convention on the Elimination of All Forms of Discrimination against Women (Mar 1984) – which establishes a set of norms and principles to eliminate discrimination against women in all forms, both in private and public life – and the Convention on the Rights of the Child (Jan/Jul 1990) – establishes the fundamental rights of children, including the right to life, health, education and free expression;
• the African Charter on Human and Peoples’ Rights, signed by Kenya together with the member states of the Organisation of African Unity. In this Convention, it is recognised that: (i) fundamental human rights derive from the actions of human beings; (ii) their respect is essential to the guarantee of a life in dignity; (iii) international protection is a fundamental instrument for the effective enjoyment of the same by all; (iv) the adherence of all signatory states to all the principles of human and peoples’ rights and freedoms contained in the Declarations, Conventions and other instruments adopted by the Organisation of African Unity, the Non-Aligned Countries Movement and the United Nations is reaffirmed.
• Article 2 of the aforementioned Charter states “Everyone has the right to the enjoyment of the rights and freedoms recognised and guaranteed in this Charter, without distinction of any kind, such as race, ethnicity, colour, sex, language, religion, political or other opinion, national or social origin, fortune, birth or any State“. For the sake of completeness, one could add sexual orientation and gender identity – in perfect harmony with the UNHCR Guidelines on the definition of a social group – but even without this specification, the text of the article appears very clear;
• Article 7 of the same Charter states that “Everyone shall be equal before the law. Everyone is entitled to equal protection under the law”.

One could cite so many other sources of law that are involved in this advocacy action, but it is felt that these few lines are already sufficient to provide all the information needed to affirm the universal principle that LGBTQ+ people’s lives in Kenya must be safeguarded and protected in the same way as the rest of the population – refugee or local.

Documentary findings from the territory

From the testimonies collected, we found repeated and systematic violence against the LGBTQ+ community residing in Kenyan refugee camps.

Specifically, the victims – LGBTQ+ refugees and asylum seekers living in Kenya – reported to us of:

• physical aggressions (with machetes, knives, stones and sticks);
• various murder attempts through poisoning or arson – even during the night, catching people in their sleep;
• sexual assaults on defenceless women and minors;
• death threats, harassment and verbal aggression;
• denial of access to food and water, following reductions of the WFP (World Food Programme) food distribution programme;
• denial of access to schooling for children of homosexuals, resulting in violation of their right to education;
• lack of access to the labour market (or dismissal, if the person’s homosexuality or gender identity is discovered after employment) due to social stigma, which makes it impossible for LGBTQ+ people in Kenya to pay rent, eat every day and have access to basic services such as physical health. Many of them are forced into prostitution to survive;
• lack of law enforcement prosecution of LGBTQ+ attackers by the Kenyan police, forcing many victims who have found the courage to report to live in fear of retaliation and/or further attacks;
• lack of real psychological support, despite the suicides and attempted suicides that activists report. More than 200 of those interviewed stated that they had had suicidal thoughts because of the trauma they had suffered;
• difficulty in accessing medical care as health personnel is strongly homophobic and often refuse to see patients;
• lack of financial coverage for medical expenses and travel from the refugee camp to the hospital, costs which are borne by the refugees despite the extreme cost and difficulty of these expenses;
• arbitrary arrests and detentions in overcrowded prisons, which do not respect human values and dignity;
• brutal beatings and torture by the police while in their custody;
• bribes demanded by the police as a form of blackmail;
• seizure of their phones without warrants to monitor their social media activity and contacts in an attempt to control information being disseminated about LGBTQ+ community conditions in Kenya;
• police threats to be blacklisted for resettlement interviews – which is mandated by the Kenyan government – should they report the harassment and blackmail they experienced while in their custody.

From the evidence gathered so far, it has emerged that UNHCR Kenya staff members are also involved in these illegal practices and the Agency itself, although fully aware of what is going on (LGBTQ+ guests in their camps report every assault and violation suffered by staff), too often remains silent in the face of these crimes.

From its inception, International Support – Human Rights has been networking with Members of the European Parliament, who on 19 September 2021 tabled a Resolution to support and protect refugees and asylum seekers in Kenyan camps at the Strasbourg Plenary.

Action No. 1

Building on this Resolution, this new partnership is pushing for Europe to deliver on its promises and take concrete actions to (i) increase the resettlement of LGBTQ+ refugees in Kenya; (ii) improve living conditions within Kenyan territory for this vulnerable category of migrants, calling each actor to its role.

Action No. 2

To provide additional insight into the daily traumatic reality of the LGBTQ+ residents of Kenyan refugee camps, Large Movements APS conducted video interviews with some victims of attacks, selecting those at high risk of death. To complete the information, portfolios representing the entire interviewees’ individual histories were produced to facilitate their resettlement.

This material was sent to European institution members who expressed their willingness to plead this cause in the appropriate fora.

In keeping in line with a key part of its mission statement, that of disseminating information in a way that is understandable to all, Large Movements APS also published a series of in-depth articles on its website on this issue. These insights have been edited by removing sensitive information and/or crude depictions of violence and can be found here.

Action No. 3

Large Movements APS and International Support – Human Rights have created a database – continuously updated – where data is collected on those awaiting resettlement, distinguishing between those who have and those who have not resettled, and attempting to prioritise based on elapsed time and severity of the individual situation. This is to make the allocation and resettlement of this vulnerable group easier.

Hard work and collaboration that to date is waiting to reap their rewards because, since the Covid-19 pandemic, it has not yet been possible to relocate this vulnerable category of refugees and asylum seekers to a country that does not criminalise sexual orientation and gender identity.

Action No. 4

A portfolio encompassing the material produced so far by the partnership was created and sent to

• members of the European Institutions with whom International Support – Human Rights was already in contact;
• members of the US Congress, selected based on their sensitivity to the cause;
• third-sector associations and NGOs operating in the Western world (and therefore not subject to any kind of constraint resulting from the necessary governmental authorisation to work in Kenya)
• UN and UNHCR officials with whom both associations are in contact

The objective of this mass dispatch is to increase the involvement of actors who, in various ways, could improve the situation of these people both in the medium and long term.

With the recent adoption of the so-called ‘anti-gay’ law in Uganda, the international community’s support for refugees and asylum seekers in Kenya must necessarily increase.

The country is the first destination for those fleeing from South Sudan, Eritrea and Uganda. As it is also one of the few African states that, at least in theory, recognises the possibility of applying for refugee status based on one’s sexual orientation, the migratory pressure within it will increase – in numbers that cannot yet be predicted.

For this reason, Large Movements APS and International Support – Human Rights are working on new projects and advocacy campaigns with the twofold aim of

• raise European public awareness on the issue, to increase pressure on Member States to authorise LGBTQ+ refugees’ resettlement within their borders;
• to create an institutional discussion table between funders on one side (EU and US) and those who receive funding, on the other side, (Kenyan government and UNHCR) to concretely discuss LGBTQ+ refugees and asylum seekers issues and aim at finding definitive solutions

Even if the road to the creation of an institutional round table is still long, thanks to the work done by the partnership and the individual associations with whom we have been in dialogue, it is possible to outline the basic demands that we as civil society and activists must address to the international community – especially to the EU and the US – namely:

(a) improve funding allocation to Kenya and to UNHCR’s humanitarian actions in the country, and monitor it. Kenya is making great progress thanks also to international support, but there are still many improvements to be done. Funds are indispensable but they must be used conscientiously;

b) to support and protect external donors and philanthropists, many donor categories remain in the shadows but make a huge contribution to the management and distribution of food or just in the small everyday expenses that refugees face or even in care;

c) engage in closer dialogue with UNHCR to find improved solutions to better ensure human rights and security within its refugee camps in Kenya;

d) establishing a dialogue with the Kenyan government and UNHCR, facilitated by the European Union and associations fighting in defence of the LGBTQ+ community in the country, aimed at the definitive repeal of inappropriate colonial laws that are openly homophobic. Kenya is, in fact, a rapidly developing country with a constant thirst for change, which makes it permeable to legislative and social progress;

e) ensure LGBTIQ+ people’s inclusion in the Kenyan social fabric by promoting a radical mindset change in the population, which should be achieved also through better inclusive media management. At present, the latter contributes to spreading homophobic propaganda, making it even more difficult to bring about the necessary change in society;

f) improving children’s inclusion in schools, seeking to free them from stigma and discrimination;

g) provide psychological and medical support to women victims of rape and violence;

h) incentivise European and US resettlement for fragile LGBTQ+ community members, who have repeatedly asked to be moved to safe places to heal their trauma and their wounds but whose needs are continuously ignored;

i) establish a periodic resettlement mechanism, in dialogue with the EU, that could allow for the gradual resettlement of at least 20 people in a year;

j) promote refugee skills for all, including through university corridors, which can facilitate regular visas and the exit from protected categories’ countries of origin, as well as protect their right to study;

k) request the UN to (i) open thorough investigations into the conduct of UNHCR staff inside refugee camps in Kenya and reported by victims themselves; (ii) improve monitoring compliance with its Code of Conduct among UNHCR staff; (iii) take into closer consideration complaints made by LGBTQ+ refugees; (iv) effectively intervene in emergencies, such as in the case of the 2021 fire where relief efforts were only activated thanks to International Support – Human Rights’ work. This behaviour is unspeakable for UNHCR staff who should be prepared to handle all kinds of emergencies on the ground, but sometimes experience shortcomings.

We are well aware that these steps require time and effort before the change of narrative towards acceptance of the vulnerable in both the Western and African worlds can be achieved.

Our societies must begin to pay special attention to the right to development and in general to the civil and political rights of all human beings. These cannot continue to be considered ‘other’ – and therefore secondary – to economic, social and cultural rights. On the contrary, it is precisely the fulfilment of economic, social and cultural rights that must become a guarantee for the enjoyment of civil and political rights.

In Pride month, when rights that are not yet enjoyed equally by all are being demanded, as our work on Kakuma and Kenya in general shows, we invite all of you to take up these claims and help us to increase pressure on various institutions involved by following and sharing the topic-related material we disseminate on social media and/or by taking part in the activities we will be organising.

Follow us so you don’t miss a single update on what’s brewing!

Kakuma’s next steps are crucial. As you may have read above, we want to bring the voice of Kakuma’s queer refugees to the European Parliament, which, thanks to the advocacy action undertaken during this year, already knows and is sensitive to the topic. This is why we would like to organise a conference, right in the European Parliament, to give Kakuma’s LGBTQ+ community a voice.

The donations will be used to prepare and finance the logistical aspects of the European Parliament conference. Our team is working on this project completely on a voluntary basis for the time being. But we need funds to organise this live event.

We are supposed to be able to provide:

• Coffee breaks and/or lunch breaks
• Information and/or communication material
• Speakers
• Travel expenses for the team
• Hall rental

Any surpluses in funds (if any) will be credited to the promoting associations:

to pay any eventual reimbursement of expenses
to be able to continue working on the Kakuma project.

Why?

Because our project does not stop at the European Parliament alone!

Actually, beyond our goal of reaching the European Parliament, there are also many others!

First of all?

We would like to produce a documentary denouncing the human rights violations taking place in Kakuma against LGBTQ+ refugees and asylum seekers, and given the overall mission of Large Movements APS, we wish it to be made by those who directly suffer this violence.

Therefore, in this regard, we would like to offer Kakuma’s queer people vocational courses that not only will allow them to produce an excellent exposé product but also enable them to approach new career opportunities, thus supporting their personal and professional growth.