The theme of this year is “Zero Discrimination against Women and Girls” and encourages every individual in the society to stand up against unfair treatment of Women and Girls, stigma & discrimination, promote & Protect Human Rights and celebrate everyone’s right to live a full life with dignity regardless of age, gender, sexuality, nationality, ethnicity, skin color, religion, disease, profession, education or beliefs.
Despite the progress that has been made over the recent years to foster a society that upholds and promotes gender equality, some countries still have laws that discriminate against Women and Girls in force, 75 countries have laws that criminalize same-sex sexual relations. Women who affirm lesbian, bisexual, transgender, intersex and other non-conforming sexual and gender identities are high targets of physical harassment, discrimination and violence in Kenya with section 162 (a) & (c) and 165 of the Kenyan penal code criminalizing same sex act and punishes the parties involved with fourteen years imprisonment.
LBQ women are scared to openly express their sexual orientation or gender identity due to societal stigma and discrimination which results in suppression of their emotions or even internalized homophobia. The patriarchal structure and expectations from the society influence their behavior and expression.
Transgender Women – individuals assigned male gender at birth but identify and may present themselves as women – go through a lot of discrimination in accessing education, employment, housing, and health care due to lack of official identification documents that match their gender expression. They face even a greater risk of arbitrary arrest and questioning at security checkpoints which sometimes comes with physical violence from the law enforcement officers. Trans women also face routine violence and the threat of violence by members of the public and are denied police protection, compromising their ability to live in safety and positioning them in a perpetual state of insecurity.
These violations are further worsened by the lack of access to justice, discriminatory laws, unequal protection by the state and lack of access to sexual reproductive and mental health for this vulnerable population. Article 27 of the Kenyan Constitution provides for protection from discrimination by the state through taking legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination. However, sexual and gender minorities are not explicitly mentioned in the same Article with same sex practices criminalized under the Kenyan Penal-code Section 162 further catalyzing an already complacent system which creates an enabling environment for the above-mentioned violations.
Centre for Minority Rights & Strategic Litigation (CMRSL) therefore comes to fill in this gap and reduce discrimination against gender and sexual minority persons by providing Legal services and Civic Education to them through the services of pro bono advocates. The Centre implements Legal Clinics and also trains Paralegals and focal Violence Response (VR) Individuals from LGBTIQ-led organizations in the coastal region to better monitor, report, document and follow up cases of discrimination meted against persons who identify as Lesbian, Gay, Bisexual, Transgender, Intersex, Queer and Gender Non-Conforming.
On 1st March 2021, as we mark the Zero Discrimination Day, CMRSL urges each and every one of us to take a pledge to stand up against injustices and repeal laws that discriminates LGBTIQ+ persons on the basis of their sexual identity, orientation and expression and therefor limiting the enjoyments of basic human rights.