(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 | Report On Transgender Persons In KL And Selangor

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