(ii)
In East Africa - The Kenya Human Rights Commission conducted a study
on LGBTI entitled “the Outlawed Amongst Us”. The study highlighted the
violations observed and reported to its commission between May and
October of 2010. This study is a broader step taken by the Kenya Human
Rights Commission on the LGBTI community’s search for equality and
non-discrimination.30 From the study, it was found that human rights
violations against LGBTI persons in Kenya are systematic, highly prevalent
and generally not redressed by the state when called to31. These major
findings are supported by the following issues:
•
•
•
•
(iii)
30
31
32
33
34
35
36
37
38
16
LGBTI persons are routinely subjected to abusive speech,
including hate speech and incitement to violence. They are also
open to physical violence from mobs and sexually violence from
police, vigilantes and organised criminals.32
Failure to offer adequate protection to LGBTI person who are
discriminated against in both policy and legislations33 The law
only recognises the male and female gender dichotomy; intersex
and transgender persons have no legal recognition due to lack
of legislative architecture.34 LGBTI persons are harassed by state
official in the form of extortion of bribes, sexual favours and
trumped up charges.35
LGBTI persons are driven underground due to fear of prosecution
which leads to low access to medical care including sexual and
reproductive health services and products.36
Service providers such as health care practitioners, education
administrator, landlords and state security agents deliberately
refuse to attend to LGBTI persons, schools and colleges expel
students on grounds of actual or presumed sexual orientation
or gender identity and the police also fails to investigate and
prosecute persons who perpetrate violence or violate rights of
LGBTI persons.37
The Australian Human Right Commission had produced its national
consultation report 2015 titled Resilient Individual: Sexual Orientation,
Gender Identity & Intersex Rights. The report shared the experiences of
LGBTI Australians which detailed unjust discrimination and significant
human rights challenges.38 Among of the outcomes of the study are as
follow:
Kenya Human Rights Commission. The Outlawed Amongst Us. KHRC 2011.
Kenya Human Rights Commission. The Outlawed Amongst Us. KHRC 2011. P.1
Kenya Human Rights Commission. The Outlawed Amongst Us. KHRC 2011. P. 2
Ibid
Ibid
Ibid
Ibid
Ibid
Australian Human Rights Commission. Resilient Individuals: Sexual Orientation, Gender Identity &
Intersex Rights. National Consultation Report 2015. P.2
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