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Defending Human Rights: A Resource Book for Human

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An NGO that has sought observer status be<strong>for</strong>e<br />

the African Commission is the Coalition of African<br />

Lesbians (CAL). The application <strong>for</strong> observer status 61<br />

was filed back in 2008, two years later on October<br />

25 th 2010, their application was denied. The African<br />

Commission failed to give a reason as to why the<br />

application was denied after having been deferred<br />

twice be<strong>for</strong>e.<br />

World Social Forum<br />

Besides using institutions to achieve change, LGBTI activists<br />

need to seek <strong>for</strong>ums where they can present their cause. One<br />

such example is the World Social Forum that took place in Kenya<br />

in January 2007, where LGBTI organizations from all over the<br />

world and particularly Africa used the opportunity to speak<br />

out on their challenges and educate the wider public about<br />

their rights and needs. They did so by providing workshops,<br />

organizing several dialogue sessions, and presenting in<strong>for</strong>mation<br />

through public display. The response from fellow activists and<br />

the public was largely positive and provided ground <strong>for</strong> further<br />

advocacy especially in the host country Kenya. Advances made<br />

in such <strong>for</strong>ums should be strategically utilized and followed-up<br />

by the activists.<br />

Martin Ennals Award <strong>for</strong> <strong>Human</strong> <strong>Rights</strong> Defenders<br />

2011<br />

At the age of 21, Kasha Jacqueline Nabagesera became involved<br />

in working with gay rights in Uganda. Since then she has been<br />

a powerful spokesperson <strong>for</strong> LGBTI rights. Kasha was one<br />

of the first individuals to openly speak out about her sexual<br />

identity. In 2007 after speaking about respect and tolerance<br />

of homosexuals at the World Social Forum in Kenya, she was<br />

harassed. She is the Founder and Executive Director of Freedom<br />

and Roam Uganda (FARUG). Kasha’s name also appeared in the<br />

Rolling Stone publication earlier last year. In 2011, Kasha was<br />

made the honorary recipient of the Martin Ennals Award <strong>for</strong><br />

<strong>Human</strong> <strong>Rights</strong> Defenders. Despite facing public harassment,<br />

Kasha has maintained a steadfast dedication to defending LGBTI<br />

rights.<br />

LGBT activists however, have to carefully assess<br />

the situation in their respective countries. The first<br />

challenge is to find trustworthy, dedicated partners,<br />

to agree on what is to be achieved within a given<br />

national setting, and to determine how that can<br />

be most effectively done. It is essential to identify<br />

likely supporters of one’s cause, which often are<br />

selected local women’s organizations, international<br />

human rights organizations, donor organizations,<br />

staff of international organizations, and diplomatic<br />

missions. Forming an alliance with such organisation<br />

could have negative consequences as well as<br />

61 http://www.defendingwomen-defendingrights.org/<br />

cal_application.php<br />

positive ones. Benefiting from their social, political<br />

and economic power can help in publicizing and<br />

to some extent legitimize LGBTI issues. However,<br />

with regards to openly involving international<br />

organizations in local struggles, the self-motivation,<br />

genuineness and dedication of local activists should<br />

not be overshadowed by international support, as<br />

the argument of homosexuality being “alien” and<br />

‘non-African” is still rife. Activists should there<strong>for</strong>e<br />

enter strategic alliances with supporters taking<br />

into account all possible effects and utilize these<br />

alliances more on the legislative and policy-making<br />

level. Donors and international organizations on<br />

the other hand should make it a point to involve<br />

an LGBTI component in their activities wherever<br />

possible. For example, inviting LGBTI activists to<br />

workshops and trainings will not only enhance their<br />

ability to defend the rights of LGBTI individuals but<br />

also communicate to fellow activists their views and<br />

allow them to get to know the human factor that is<br />

often left out in the discussion about homosexuality.<br />

By including LGBTI individuals in sexual healthcare,<br />

and HIV/AIDS programmes, organizations can try to<br />

combat the neglect that this group has experienced<br />

in this area and that has enhanced their vulnerability<br />

even further.<br />

Getting support from local civil society is the<br />

biggest challenge LGBTI activists face in the current<br />

setting throughout the East and Horn of Africa.<br />

Their persistent marginalization within the national<br />

human rights movements denies them legitimacy<br />

in the eyes of the public and the State and helps<br />

to abet the crimes perpetrated against LGBTI<br />

individuals. Meeting on neutral grounds with civil<br />

society members <strong>for</strong> sensitization can be the start<br />

<strong>for</strong> a more positive attitude. Involving policy-makers<br />

and legislators in such <strong>for</strong>ums at a later stage will<br />

allow <strong>for</strong> lobbying to decriminalize homosexuality.<br />

Advancing arguments from a human rights and<br />

legal perspective in a professional manner, with<br />

the support of civil society and if possible national<br />

human rights institutions, e.g. <strong>Human</strong> <strong>Rights</strong><br />

Commissions, can contribute to fresh and more<br />

humane perspectives on the issues at stake and<br />

allow <strong>for</strong> a dialogue.<br />

In 2009 the Civil Society Coalition <strong>for</strong> <strong>Human</strong> <strong>Rights</strong><br />

and Constitutional Law was <strong>for</strong>med in Uganda<br />

in response to the Anti-Homosexuality Bill being<br />

presented to Parliament by Hon. David Bahati.<br />

The Coalition is comprised of LGBTI and so called<br />

mainstream organisations seeking to block the<br />

passing of the Bill as well as working towards full<br />

recognition and respect <strong>for</strong> sexual rights of all<br />

Ugandans. To date, the Bill has not been passed<br />

which can largely be credited to international<br />

44<br />

<strong>Defending</strong> <strong>Human</strong> <strong>Rights</strong>: A <strong>Resource</strong> <strong>Book</strong> <strong>for</strong> <strong>Human</strong> <strong>Rights</strong> Defenders | 2nd Edition

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