In our previous two articles we discussed LGBTQ+ rights in Kenya and the human rights violations taking place insidethe Kakuma refugee camp.
Carrying on the investigation that Large Movements APS is conducting together with International Support Human Rights, in this in-depth section we will try to analyze the specific situation of J., the fictitious name of one of Kakuma’s gay guests, with whom we had the opportunity to speak.
Like so many others living in Kakuma, J. left his Home Country because of the discrimination he suffered from friendsand family because of his homosexuality. He sought for refuge in neighboring Kenya. Hope and a desire for freedom accompanied him along his journey, but the reality of things turned out to be much starker and harsher than he couldhave imagined.
The testimony of J.
During the interview, J. frequently used the words contained in the so-called “Word Cloud” depicted below. The mostvisible words are those that J. used most frequently during the interview.
As we can easily see, these words give us a particularly bitter picture of the stark reality that J. and the other LGBTQ+guests of Kakuma are forced to endure:
Arrival in Kakuma. J. is a Ugandan citizen who was forced to flee his Country because he suffered violence from friends, family members, and from the national government because of his homosexuality. He thus fled to Kenya andarrived in Kakuma on March 3, 2020.
Once there, the camp administration confiscated his passport and national ID card, which, to date, have not been returned to him. Thereafter, he remained in the first reception area for 20 days and was later transferred into the inner areas of the camp. Starting from the reception area, J. recounts receiving his first death threats from other refugees. These had scared him so much that he still remembers the great fear he felt when he was transferred to the inner areas ofKakuma camp with the rest of the guests.
The fire and the first violence. On April 13, the house he was staying in was set on fire, and after passing out from the smoke, J. was taken to the camp hospital by the Police the next day. There he had been harassed by the hospital staff, who claimed that no burning would have occurred if LGBTQ+ people did not live in Kakuma. The day after the incident, members of the UNHCR and Kenyan government staff went to the site to assess the situation, assuring J. thatthey would take action against those responsible as soon as possible. To date, J. is still awaiting updates about the statusof the investigation.
A few weeks later, the interviewee continued, while he and some of his companions were collecting water, they wereattacked and beaten by some Ethiopian nationals who were guests at the camp as well. The attackers claimed that Kakuma’s homosexual guests could not drink their own water, otherwise they would contaminate it. Again, J. reportedthe attack to the camp Police, who assured him they would start investigations and call back all the victims of the attack later to collect their testimonies. Once they went to the camp Police again, however, the victims were asked to removetheir shoes and were forced to spend the night in their cells.
The next morning, they were taken to the Kakuma Police Station, where the officers called them faggots in front of the other inmates. This exposed them to even further danger, since they were forced to stay – without being given any reason for this – for three days in a cell with potentiallyhomophobic people, to whom their homosexuality had been revealed.
After returning to the camp, J. and others continued to report new cases of assault, always receiving the same response: since there are not enough evidence to support what the victims report, no formal action can be taken by the Kenyanpolice or UNHCR staff in Kakuma.
The attacks continue, but no one listens. On April 27, 2020, J. and other LGBTQ+ people residing in Kakuma went to the UNHCR facility demanding protection, but their demands were described as “mere” unauthorized protests and as such not even examined. A short time after these events, J. and other members of the LGBTQ+ community in Kakuma suffered further attacks by camp residents. During these attacks, J. was wounded in the lower abdomen sustaininginjuries so severe that he urinated blood for many months. He was also severely injured in the arm, attacked with a machete while retrieving his phone from the camp’s charging area. As a result of those repressive attacks, J. continued,40 other people were taken to the hospital.
On March 15, 2021, J. was attacked again with a petrol bomb during the night. He spent ten months in the hospital recovering from this attack, while being harassed from staff and receiving poor medical care – i.e. lack of covering his wounds to the point that his “legs started to rot.“ He was then transferred to a private facility in Nairobi, where his safetywas still not guaranteed because both he and the other residents, were constantly threatened with the possibility of new future attacks because of their sexual orientation.
Of course, this whole situation was reported by J. to the United Nations High Commissioner for Refugees (UNHCR) and the Kenyan authorities but no action has been taken so far to provide him with the protection he is entitled to.
The awaiting. After the attacks, J. asked to be transferred to a more secure facility. He was then interviewed for the concession of the refugee status in February 2022. He is now waiting for the confirmation of his status. This procedure,which according to the Kenyan law should have taken a maximum of six months, is still on going with J. not having received any feedback so far.
Living conditions in Kakuma have proven to be harsh, to say the least, for J. and the other LGBTQ+ people in the camp. And because it is impossible for him to return to Uganda, where his sexuality would make it impossible for him to liveas a free man, resettlement is the best chance he has to conduct a new normal life, where he can not only live freely and safely, but also be useful to others and to society.
Kenya report card
To understand the weight of the interviewee’s testimony, it is necessary to analyze the Kenyan LGBTQ+ rights situationand shed light on what is happening inside the Kakuma refugee camp.
According to the Equaldex database, Kenya records an equality index – an experimental assessment of the degree of recognition and protection, in a given region, from a legal and social perspective of theLGBTQ+ community – of 25/100.
Thus, a low acceptance and total tolerance is inferred, which in turn perfectly reflects the absence of recognizedcivil rights for the Kenyan LGBTQ+ community.
The above finds direct exemplification within Freedom House’s annual report, where one can read that Kenya holds a score of 48/100, a rating that indicates the Country as partially free. Among the assets andindices taken into consideration, those relevant to our investigation are certainly the scores on political rights and civil liberties of the LGBTQ+community, with peculiar reference to refugees and asylum seekers.
From the analysis, we find that policies and practices do not ensure equal treatment of various segments of thepopulation, thus making Kenyan society unequal and fragmented.
Specifically, LGBTQ+ people remain cut off from the economic and social development machine and reports of policeabuse of refugees and asylum seekers continue. For example, we report that Somalis currently residing in Kenya are often subject to harsh government crackdowns because they are stereotypically considered simultaneously refugees and terrorists – a misconception exacerbated by Shabaab attacks in Kenya since 2010. In addition, refugees and asylum seekers from neighboring Countries, particularly children, are victims of sex trafficking and subject to al-forced labor.
But what happens when members of the LGBTQ+ community and straight refugees and asylum seekers are housed together? And again, what happens when a migrant is LGBTQ+?
The harshness of Kakuma. The answer to these questions can be found by analyzing the conditions in the Kakumarefugee camp. As already recounted during our first article dedicated to this topic, the camp is located in the Rift Valley, one of the most arid and isolated areas of the Country. Moreover, the living conditions inside the camps are well below any minimum standard of human dignity. For example, it is reported that pest infestations are frequent, food is scarce and sanitation facilities are collapsing.
However, as J. reported, the already hostile conditions of those living in Kakuma are exacerbated if we focus on theportion of LGBTQ+ asylum seekers, forced to live with people from their own Countries of origin – primarily Ugandaand Somalia. This cohabitation exposes them to the same homophobic practices, the same violence and harassment that are very often the basis for their flight from their own Countries. These acts of violence and brutality are the “normality” inside Kakuma and all the victims we spoke to complained that they have no real protection from UNHCR, which oftenfails to respond to their requests for help and/or protection.
Therefore, many LGBTQ+ applicants and refugees in Kakuma have decided to live out of shacks, sleeping in the open to protect each other and even on the streets of Nairobi, which are considered safer than their assigned housing.
Light at the end of the tunnel. Although the road to full acceptance is still long and winding, the recent years haveseen significant activism on the part of Kenyan civil society with the aim of raising awareness about equality and tolerance of diversity among the rest of the population. These include the Gay and Lesbian Coalition of Kenya, the Gay Kenya Trust, and the National Gay & Lesbian Human Rights Commission, whose work advocates for the rights of all people. Making it even more unlivable and dangerous is the silence of the UNHCR as reported by the boys and girlsinterviewed by us.
To keep attention high on the drama of the living conditions of these people, LMPride decided to publish, on a periodic basis and protecting their identities, interviews conducted with some of the guests of the Kakuma camp, thus serving as a megaphone for their voices – all too often unheard by the international community.
Special Thanks to Martina Bossi for translating this article.
Listen to J’s story here.
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Giuseppe Antonio Mura
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