CONTENTS Introduction…………………………………pg.3 Context………………………………………..pg.5 The role of UNHCR……………………….pg.8 The role of Native LGBT groups…..pg.10 The role of Native LGBT people…..pg.12 Our Conclusion…………………………….pg.14 Our way forward………………………….pg.16

VICTIMS OF A CREATED SUFFERING -Heaven is not for real-

The role of the UNHCR and the native LGBTQ community in sustaining key challenges facing forced LGBT immigrant youth in Nairobi.

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[a LGBT youth perspective]

*** Emmanuel Odhiambo Alvin Mwangi Caroline Awuor Mark Amiri Eric Murunga ***

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Introduction Our greatest responsibility is to ensure that Nairobi-Based LGBT youth aged 18-27 are socially okay and, have the right mindset to face the socio-economic challenges of today’s homophobic and transphobic society. One way we achieve this is by finding out about these challenges from the LGBT youth themselves, recording them, keeping them, letting others know about some of them and seeking support or solutions to some of them. Earlier this year, we cooperated with other organizations using Rights-based approach and Faith-based approach to counter some of the challenges facing LGBT youth in Nairobi. Change has been slow but steady. In our view, progress has been difficult partly because among other reasons, some of the most responsible intervention activities, looked the wrong way. Also, some actors made deliberate decisions that have resulted into unintended consequences. Change (among forced LGBTIQ immigrant youth in Nairobi) has been difficult majorly because change was not a priority in 2015.The issues we will raise here in are specifically set in the UNHCR and the Kenyan LGBTIQ community and occurred from January 2015 to November 2015. We will talk about what we saw, what we heard of first-hand, what we experienced and what we believe is rightful. We are not so certain about what needs to be done to change the situation of forced LGBTIQ immigrant youth in Nairobi. But we have made a few effective, verifiable, justifiable and practical suggestions. We have also pledged support for any objective that seeks to realize change and sustainable solution(s). Because the community of forced immigrants in Nairobi is relatively large, diverse and with different issues (though may be inter-related), our greatest concern are the youth within community of forced LGBT immigrants from DRC and Uganda. In the pursuit of #Change, it is important to share this information and some of our inner-most thoughts about this whole issue. We hope that concerned individuals and groups will put fair consideration in every decision made in the course of protection. For one man’s anguish is far too many.

Yours’ Sincerely, Emmanuel Odhiambo, Youth Coordinator, YHEPP Kenya.

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Forced LGBT immigrant youth in Nairobi Kenya is host to over half a million forced immigrants. A large number of these immigrants live in the Dadaab refugee camp in the North, while a relatively smaller population have preferred to stay in the urban center of Nairobi for personal safety, among other reasons. Among them are forced lesbian, gay, bisexual and transgender immigrants from Democratic Republic of Congo and Uganda –a substantial number are youth who receive partial psychosocial support from the UNHCR –Nairobi mission and some of her friends. Like several other African countries, same-sex conduct remains criminalized in Kenya despite being party to constitutional and international agreements that stand for non-discrimination and equality. The cultures in Kenya are generally homophobic and transphobic and, those Kenyans (majority) who identify with these phobia are not shy of expressing them. Generally speaking, the religious community and the political class in Kenya are homophobic and transphobic and these leaders have used their positions to assert, these discriminate and unequal practices. Organized or random physical violence, threats to physical violence, discriminate treatment and stigma have been the results of societal homophobia and transphobia. These are experienced firsthand in Congo and Uganda, making LGBT youth to flee into Kenya for protection. Their dreams of having a safe haven in Nairobi are crushed upon arrival, where they are met with new, and profound challenges. Nairobi, is not the safest of cities in the region. There are attacks (organized and random) against native LGBT youth and some of their friends. There is a substantial level of lawlessness that feeds abuse of rights by authorities; where LGBT youth, and those perceived to be one, are often arbitrarily arrested, extorted and locked up beyond constitutional time. Forced LGBT immigrant youth continue to be victims of these situations that are spinning out of control of their protection system. In Nairobi, women and children still go to bed hungry. The sick can go without treatment. Children still attend dilapidated schools and youth grow up without prospects for a job or career. In addition to language barrier (e.g. for LGBT Congolese immigrants ), this pre-existing situation makes it difficult for forced LGBT immigrant youth to access healthcare, education and jobs which many native youth do not enjoy. Access to basic needs such as shelter, food and clothing remains a major challenge amongst forced LGBTIQ immigrant youth in Kenya. Shelter is largely managed by the private sector who have exploited the wanjiku, and has made it difficult for forced LGBT immigrants to afford shelters just like their native counter parts. The UNHCR and her friends offer support of a monthly stipend of about 60 US dollars for shelter, food and clothing for selected LGBT immigrant youth. This is not only insufficient but also not sustainable because of the increasing number of asylum seekers and the uncertain protection timeline. Those who do not get this support have joined the many Nairobians who are homeless. Even with access to shelter after support by the UNHCR, LGBT immigrant youth face abuse by neighbors, illegal evictions and threats of attacks (which occur often). With every new persecution claim from Uganda, the UNHCR continues to be more and more skeptical about their protection , doubting some of their claims despite provisions for benefit of doubt and influencing other native organizations and communities to act this way too. Getting identification (let alone social support) from the UNHCR is a challenge and the world’s largest refugee agency is facing challenges with the pace of the migration situation in East Africa and the inter-connected world.

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Even with access to shelter and food, xenophobia still pose a challenge within the native LGBTIQ community in Nairobi –a substantial threat to integration of forced LGBT immigrant youth. A number of LGBTIQ initiatives in Nairobi have been either ignorant of immigration issues, given misleading advice or have discriminated against some LGBT immigrants. Grassroot initiatives have not been spared either. Those who are trying to look into the challenges of forced LGBT immigrants in Nairobi have been victims of intimidation and bullying by some older and bigger initiatives –making it harder to find practical solutions through collective effort. And while some parts of the society in Nairobi has demonstrated positive signs of inclusion, some members of the native LGBTIQ community have turned a blind eye on the shared plight for safety and inclusion, making alien LGBT youth feel isolated and different and sometimes, taking sexual and economic advantage. Some members of the native LGBTIQ community have proven hostile, threatening a section of LGBT immigrant youth with physical violence and sometimes sanctioning their (Forced LGBT immigrants’) commercial activities. With all these mounting threats, these immigrants cannot go back to Uganda and Congo, or cross over to Somali, Ethiopia, Tanzania or South Sudan. They have to hang on to the anguish in Nairobi even when the UNHCR says she has limited to offer. While we still expect more to arrive in Kenya for asylum, this perceived safe haven is not as much and; there is NOWHERE TO HIDE.

______________________________ “Being lesbian single mom is not easy either. Today’s society still compel girls to get married (to men). And

because cultures in Kenya in general perceive the woman as the weaker gender, many girls have no option, but to marry a man to avoid conflict between their choice and cultural norms. Those who conform usually get married, and sometimes have children. But, sometime into their marriages, these lesbian moms get outed, abused by their husbands, or simply get tired of the boring routine of living a pretentious marriage. Some get divorced, while some elope with their lesbian lovers. Those who go through successful divorce face a difficult social situation, where, the society (including fellow women) discriminate against them on grounds of their sexual orientation or because they couldn’t maintain their marriages. Some lesbian women also judge some of these divorcee lesbian moms from ‘straight’ marriages because they believe that a lesbian woman shouldn’t have a child. Children of these divorcee lesbian women are also discriminated by the society for being sons or daughters of a lesbian mom. Other lesbian women also judge these children for the same reason.” – Caroline Awuor, Cosmopolitan Affirming Church [CAC].

______________________________

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“Let us remember the golden rule; do unto others, as you will have them do unto you” –Pope Francis [speech to the US congress, 2015].

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The Role of the UNHCR –Nairobi Mission Homophobia and Ugandaphobia (fear or dislike for immigrants from Uganda) In 2014, a project reported how, they managed to convert some gay refugees to become straight. Having “Homophobia encompasses a range of negative accomplished the conversion from gay to straight, they added that the then ‘straightened’ refugees met attitudes and feelings toward homosexuality or people partners and even got married. This was in 2014, and today, LGBT immigrant youth still experience who are identified or perceived as being lesbian, gay, homophobia from the same protection system meant to protect them. bisexual or transgender (LGBT). It can be expressed as antipathy, contempt, prejudice, aversion or hatred, may be based on irrational fear, and sometimes related to religious beliefs.” –Wikipedia.

Some active members of the UNHCR program in Nairobi expressed homophobic attitudes to forced LGBT immigrant youth in 2015. During a protection interview in April, a lesbian asylum seeker was asked why she engaged in such sinful acts which had then put her in trouble. This was in reference to facts of her case where she narrated being caught having sex with her lesbian lover. The trouble referred to is supposedly the violence or threats to violence based on her sexual orientation –which made her flee for asylum in Kenya. While it is okay to converse and ask questions to find out more about an asylum seeker’s case, it must have been difficult for the 23 year old lesbian asylum seeker to feel protected, especially if the same people she ran to for safety and support, made open judgmental statements. In June, during a meeting with some forced LGBT immigrant youth from the great lakes region, they told the gathering about how they felt a substantial level of discomfort when visiting the UNHCR offices. At first, they were often looked at differently and this made them feel different. The security guards at the entrance of the UNHCR offices were heard asking themselves whether those were the gay refugees (“ndio hawa?”).

Reluctance to respond to SGBV Today, many LGBT immigrant youth still have issues with the emergency response lines. The system still remains generally ambiguous as more immigrants arrive for protection. Some LGBT immigrant youth reported that when they called and identified themselves as of Ugandan origin, they noticed a change of attitude and tough talk from the receiver’s end – with an expression cynicism.

“Every time something like this happens, somebody says ‘we need to have a conversation about LGBTIQ immigrants’ -we talk a lot about this issue. We don’t need more talk. We need to forge a cooperative solution that seeks to assault rath\.”-Emmanuel O. Nyambwa.

We have had a lot of talk time about the security situation of some forced LGBT immigrant youth. Most of our most pressing concerns were issues about security and response to insecurity in some neighborhoods where some LGBT immigrant youth live. The protection system does not want interfere with the relationship it has with the Government of Kenya. Political correctness, has left most forced LGBT immigrant youth at the mercy of those natives (and fellow immigrants) who are xenophobic, homophobic and/or transphobic. As a result, they (LGBT immigrant youth) have to live with the difficult mental and social condition of coming face to face with the same people who harass, threaten or assault them.

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Propaganda and mass psychological torture For over a year now, the UNHCR-Nairobi mission has been sending a consistent message that she does not have sufficient resources to support any more LGBT immigrant youth. With the advantage of the influence of the United Nations High Commissioner for Refugees, this message about lack of resources has been tickled down from bigger friends of the world’s largest refugee agency, to smaller ones in the grass roots. These highly influential institutions and groups have managed to convince many members of the native and immigrant LGBT youth who continue to feel worried. This scare tactic may have either meant to reduce dependency on the system or, meant to reduce the rate of LGBT immigration. And it has won the minds of many. However in November, a UK-based international media house exposed some of the challenges facing forced gay immigrants from Uganda. Some of these included lack of shelter, insufficient access to food and lack of identification which heightened their insecurity and caused several arbitrary arrests. As soon as this report was aired, unidentified forced LGBT immigrant youth who had no identification, and who were previously told that they would be identified in 2016, 2017 and 2018; got their identification documents in November 2015. Because of this propaganda, many LGBT immigrant youth undergo a whole new level of stress in addition to preexisting challenges. Several have often contemplated suicide in Nairobi, or thought of going back to die in the hands of homophobic or transphobic attackers in their countries of origin. Psychological experiments have shown that a certain level of anxiety, stress and/or depression (among other psychosocial issues) can lead to acts such as involuntary aggression, restlessness, nagging among others. A gay immigrant from Uganda, who had come to Nairobi, was reportedly denied protection. Because he ‘believed’ there were no resources to help him, he suffered depression amidst this systemic frustration. Friends of his remark seeing his frustration and social withdrawal and the general deterioration of his health. Upon realizing that no agency was actually planning to offer him aid, he decided to return to Uganda where he passed away in the wake of December the 15th. “It is very sad that people run for protection and the UNHCR denies it because even many of us have health problems but instead of at least being concerned they just discuss us and at a certain point we feel like committing suicide.” –Balo.

Overlooking social challenges of Congolese LGBT immigrants LGBT immigrant youth from Uganda have been more outspoken about their challenges. “Sisi tuko na marafiki wachache sana. Hata wenye wanaweza Generally speaking, the Ugandan immigrant community are relatively more informed on the kutusaidia kujua Kiswahili hawako na tunategemea hawa wenzetu asylum system, fluent in English and outgoing. It is therefore easier to understand them and wenye wanaelewa. Nasikia wengine wako karibu kuenda sasa sijui respond to their challenges even faster. But, Uganda is not the only country where LGBT itakuaje. Ile siku kwa mafunzo kuna watu hawakutaka kuketi na mimi kwa ajili nilikuwa nauliza wanieleze jinsi mwalimu alikuwa anasema. immigrant youth come from. Others include Somali, Ethiopia, Rwanda, Burundi, Congo, and Mimi sielewi kizungu na pia siwezi kusoma kiingereza kama waKenya.” South Sudan among others. Of all these, the Congolese LGBT youth stand out as relatively –Paul. shy, with their main language being French among other native languages like banyamulenge. The practice of these two languages in Nairobi neighborhoods is rare and so, LGBT youth of Congolese origin have limited access to information and live a systemically challenged social life. Against this backdrop, adjusting to the life in Nairobi is largely dependent on LGBT immigrants of Congolese origin who arrived earlier, and who may leave upon successful case processing. After a security training in August where LGBT immigrant youth from various nationalities were in attendance, all six gay immigrant youth from Congo reported how they had challenges with understanding the subject of discussion. Also, some participants avoided them because they kept asking for translation. They even had difficulty filling post-training assessment forms making it even harder to assess their understanding of the activity. 9

The larger asylum regime and some groups assume that the relatively silent LGBT immigrant groups are cooperative and or disciplined. This may be because they are either comfortable, or cannot communicate their issues and be as outgoing. As a result, they are perceived as ‘easier to handle.’ While the system has previously shown positive action towards some outspoken forced LGBT immigrant youth (e.g. those from Uganda), those from Congo and other countries of origin who have challenges with communication and social welfare are suffering in silence.

The role of native organizations and LGBTIQ groups Xenophobia and Denial Services At a sexual and reproductive health (SHR) forum in July, officials from a health program for gay men in Nairobi interrupted the session to ask whether there were forced immigrants in the activity. As soon as this identification was done, the gay immigrant youth (who were mobilized by the project’s officials) were asked to get up, and leave –feeling disappointed and had to walk home. This was neither the first, nor the last. In a separate incident, at a SRH program for gay men, gay and bisexual immigrant youth were turned back home without HTC services which is as important as we know how. When confronted about this selective style of sex education and SRH services, active officials said that the agreement with their collaborating partners was to target native gay men only, and that resources were specific to natives only. We concluded that these discriminate actions at organizational level were xenophobic because teaching gay immigrant youth (who are relatively more vulnerable) about SRH cannot deplete information (meant for natives). Even if it were otherwise, there has been no outreach (throughout 2015 to date) that has targeted the gay immigrant community despite the knowledge of; (1) a relatively lower understanding of sexual and reproductive health among most forced gay immigrants, (2) a high prevalence of Hepatitis among gay immigrant youth from Uganda and Congo, (3) sexual activity between native gay men and gay immigrant youth.

“We were instructed never to mobilize any Ugandans or refugees to sex education forums or for services. He eve warned us that if they were found, whoever mobilized them would receive less pay and be asked to tell them to leave” –Peer educator from a gay SRH program.

Misleading advice and reluctance to take legal action During a security training in October, a leader of a community of gay Ugandans wanted to know the best action to take “The worst thing to do as a against neighbors who repeatedly storm into their homes, subject them to questioning or even intimidate them –repeatedly. refugee is to report your They were advised not to make any reports to the police. An activist, reiterated that they should not bother making any abusive neighbors to the reports to the Kenyan Law enforcement because it would ‘invite’ trouble. According to this activist, making reports of police.” random or organized attacks against LGBT immigrant youth is useless in Nairobi. It is ironical how the UNHCR uses police networks to control arbitrary arrests, but are shy of reporting perpetrators of sexual and gender-based violence, to the same police authorities. The participants who heard this message took it so seriously, that some of them who had been cooperating with our report project withdrew their statements. Some suddenly got skeptical about it after two months of cooperation. According to Chapter Four (4) of the Kenyan Constitution 2010, every person has right to equal protection and benefit of the Law.

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If people who are being abused because of their perceived sexual and gender identity or nationality should not (even if they can) report such incidences (to state or non-state actors), then it beats the purpose of the most basic human rights provisions. The participants of that security training may have left the activity feeling more vulnerable than before. Several non-state actors have often insisted that LGBT immigrant youth (particularly from Uganda) should “keep a low profile.” The meaning of this four-letter sentence remains largely ambiguous. Some say it means a change of dress code, keeping quiet in public spaces and dropping one’s native language to adopt KiSwahili or English. This practical advice requires that one has to change not only the physical identity, but also the mental orientation that they have had since childhood –it takes time. This “low profiling” was compulsory at some point around February, March and April and; most forced LGBT immigrant youth were warned not to hang around open @unhcr what is the most candid meaning of social centers and required to ‘behave’ themselves at all times. Some emergency cases were never responded “Keeping a low Profile?” #LGBTYouthAsk to around that time because an emergency desk argued that the victims failed “to keep a low profile” and so, the victims, created the situation. Even as recent as August and September, “keeping a low profile” was still emphasized during most meetings. There was a news agency that reported cases of abuse and violence against the LGBTIQ people in Kenya throughout 2015. According to the reports, LGBT immigrant youth formed a large part of the victims. Going by the name #WATETEZI, “I experienced something I usually just heard of from friends and watched in the site reported cases such as threats to violence (physical and sexual), blackmail of movies. They forced me to undress and sit on the floor. I didn’t even know LGBTIQ people, and kidnappings among others. These reports were sometimes very where I was because it was dark. They locked me in the house and tied me comprehensive. #WATETEZI sometimes gave detailed names of perpetrators, their cell to a metal bed without mattress and the only food they gave me was one loaf of bread which I ate for three days. They only gave me water on the contacts, their homes (neighborhood, house numbers etc.) and even their latest photos. second day. Some friends thought I travelled or went to visit my boyfriend…It Those reported included the notorious Eric Muthoka who is the alleged leader of a pains me to see that someone reported their photos and numbers but I still Nairobi-based blackmail gang that encroached towns like Rongai, Limuru, Thika and hear that the people who did this to me are walking Free, and live with me Mlolongo. A gang whose activities of gay blackmail got so lucrative; they had about three in the same community.” –Victim of blackmail to four separate kidnaps and/or blackmail incidences at different locations a month. They held gay people in dark empty rooms, and had repeated forced canal knowledge of some victims. Others, were physically beaten to pressure friends and family to pay ransom and three victims reported being fed on starvation diet. Among others, #WATETEZI reported Eric Muthoka’s contacts, photos and where he lived. Today, Eric Muthoka and his gang are still free and could be developing even more ambitious pans.

Homophobia and Transphobia In August, a human rights institution that has been famous for its outright stand against abuse and violence, turned a blind eye on our call for rightful action. According to our correspondence, the human rights body got curious about the cases of abuse/violence and we made it clear that we, together with the victims wanted justice or fairness and, that the victims were youth who identify as lesbian, gay, and bisexual and transgender. This response from us marked the end of the correspondence and follow ups have proven unsuccessful to date. This commission for human rights in Kenya is either reluctant to rightfully respond to abuse/violence, or does not believe in the rightful course of grassroot initiatives or… it does not want to have anything to do with people who are lesbian, gay, bisexual or transgender.

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The role of the native LGBTIQ community members Xenophobia and organized violence The native LGBT youth in Nairobi have taken the pain of being on the receiving end of a bias based on their different sexuality and gender identities. Joblessness, fear of open spaces, forced college drop outs, fear of coming out among others have been some of their major challenges. It is ironical how, the natives have played a significant role in stigmatization and discrimination of some alien youth who are; lesbian, gay, bisexual and transgender. On the 10th of June, 2015, a male sex worker and three other gay youth expressed their displeasure about the presence of forced LGBT immigrant youth in Nairobi. This discussion, took place inside a LGBTIQ everywhere and acting so cheap and loud. One day community safe space in Nairobi that has policies built upon equality and inclusion. Sounding angry and inafaa wachapwe warudishwe Uganda.” – Edwin* spiteful, they openly talked about how Ugandan LGBT youth were all over social spaces where they also (According to me, I have had enough of these frequent. Those native LGB youth in the safe space who joined this conversation reiterated that the Ugandans. They are everywhere and acting so Ugandan LGBT youth were ‘too much.’ They criticized their dress codes and said that the style of expression cheap and loud. One day they should be beaten up of the forced LGBT immigrant youth from Uganda could easily identify them as gay, lesbian or transgender and returned to Uganda). –Edwin* people and that they should be kicked out of Nairobi. It is ironical, that, the same vulnerable group (native LGBT youth) that fights against LGBT stereotypes and LGBT discrimination; practiced discrimination against a more vulnerable group (Forced LGBT immigrant youth). “Mimi hawa waUganda wamezidi. They are

“…they don’t like us at all. Even before the fries we ordered came, the bouncers came straight at us and asked us to leave. At first I didn’t understand what was going on. But we knew it was serious when they pointed at the two gay Kenyans who had sent them to chase us away and they were making bitchy gestures at us. I tried to stay so that we can cancel the order and have our balance back but the bouncers could not listen. After being thrown outside i were so afraid because I thought they had told other people that we are gay refugees…” – John*

Throughout 2015, Forced LGBT immigrant youth were victims of homophobic and transphobic violence –some random, some organized. And, some of these were perpetrated by members of the native LGBT community in Nairobi. In August, a group of three gay immigrant youth of Ugandan origin were forcefully dragged out of a famous joint along Moi Avenue by the club security team, whilst on-looking male sex workers made faces at them. The reason for whisking them out was because the two gay sex workers (who are friends of the management) had issued the order. Before being kicked out, their drinks had just been served, and the dinner they ordered was yet to be served.

Xenophobic discussions about forced LGBT immigrants among others are a common topic within the native LGBT youth in Nairobi –and some of the immigrants are aware of this. Even during LGBTIQ social events in Nairobi, a clear line of separation is observable between natives and immigrants. At an IDAHO party in Parklands, Nairobi, some LGBTIQ youth came together to celebrate the International day against homophobia. By around 10pm, a larger number had arrived and the party had just started. The segregation between the native LGBT group and that of the immigrants was observable. At some point a majority of the native LGBT group sat outside the hall, while the immigrant group, which largely consisted of Ugandans stayed on the inside. When asked about this occurrence, some native group members said that they didn’t feel part of the event, and that the group of LGBT immigrants from Uganda took up every role in the party. This was despite prior knowledge that that the event was organized by immigrants from Uganda and their partners.

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In another separate incident in September, a group of four native gay sex workers forced two gay immigrants of Ugandan origin out of a popular joint along Waiyaki way, Nairobi. They were asked to leave that joint and warned never to be seen anywhere again. When the immigrants tried to defend themselves, they were threatened with physical attack and had to leave to avoid embarrassment or injuries. They also had to leave because they were fearful of being punished if the UNHCR heard that they were in such a social center. One of the most common alleged reason for bullying in social centers was that sex worker immigrants sold private sexual services at lower prices and “It was so sad, they even called them ‘makuchu’ in front of other people so, they received more clients than the natives. Sex work is a business (that is there who were not gay. Those who forced those Ugandans out were competitive). Nationality and social origin aside, there are different costs of this private people who know them and who have attended community forums with service among gay men in Nairobi. The pay for the services largely depend on client- them. They said that the Ugandans charge low prices, yet I know of some of servant agreement, and the natives know this. There has been no known case of natives us who still charge much lower than what the Ugandans do.” –Thomas* (Kenyan male sex worker) kicking out fellow natives in places of business like this, and so, the actors here in must have taken advantage of the vulnerability of the foreigners.

Biphobia The initials “LGBT” stand for Lesbian, Gay, Bisexual and Transgender. It is ironical how the native LGBT community in Nairobi accept the abbreviation “B” as part of their community but not the real, bisexual people themselves. At a LGBTIQ community safe space in June, July, August and September, several members strongly argued that fellow youth who identify as bisexual are pretenders, or people who are confused. This because they had a preference that did not match stereotypes and expectations or, preferred people of both genders. Such debates are never concluded. Some officials from some organizations have also been quoted making biphobic comments, strengthening this form of discrimination even further. Those individuals or smaller groups attempting to assert inclusive and respectful values are often overwhelmed by the larger number of practically biphobic groups. At a sexual health forum for men who have sex with men in August, a bisexual immigrant youth stood up to introduce himself as per the order of activities on that day (names, residence, sexuality, age and expectations). The session span out of control when the male immigrant youth identified himself as bisexual. Some participants loudly called him a pretender and that they (pretenders) did not belong there. Some said that he was confused and so he needed to choose his true sexual identity. Because of this, he chose to remain ignorant of HIV/AIDS, and walked out. “Biphobia is aversion toward bisexuality and bisexual people as a social group or as individuals. Biphobia is a source of discrimination against bisexual people, and may be based on negative bisexual stereotypes or irrational fear.” –Wikipedia.

Because of a general bad attitude towards youth known or perceived to be bisexual, those immigrants of this identity have had to say they are gay to avoid judgement. Some asylum seekers also had to change their accounts during protection interviews and say that they are gay because they believe that identifying as bisexual will make protection officials cast doubt upon their sexual identity.

“There is nothing like bisexuals. Those are people who are confused or pretending because you are either gay or not.”

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Sexual abuse Between the months of April and August 2015, some native members of the gay arrive in Nairobi and I found him. I even got his number from the internet and confirmed it from my fellow Ugandans who were already community went into their official system there. When I arrived in Nairobi I called him some weeks later and he suggested that we meet at his place. I was escorted by a friend of mine files (e.g participant lists) and extracted and when we arrived, he offered us food and water to drink and I explained my situation to him and asked him for any help. That day he said he is not so stable and gave me five hundred shillings but he said he will be in touch and said we can meet another day. From then we talked cell phone numbers of forced gay on WhatsApp and sometimes on Facebook and sometimes he told me my photos looked good and we talked even more. The next time we immigrants, and begun texting them and met in his place I went alone because I had known the directions. I got there and it happened and he gave me one thousand shillings after. sometimes shared their numbers with We did this several times thinking that he would one day give me better help and when I shared with my friends, I realized I was not the only other people. Most of these text refugee he has been doing this with. That is when I came to know that they were just using us.” –Antony* messages have been about meetings (at one’s house) or other personal issues. A number of gay immigrant youth of Ugandan origin narrated earlier in August, how, they kept getting random messages from strange numbers. These strangers (native gay men who wanted to meet them) sometimes flirted with them or sent them unwelcome photos or videos. With time, they later realized that they are people who are directly involved in some of the forums where they had been previously called to for meetings or services. This has been one way in which their contacts have allegedly reached blackmailers in Nairobi. “When I was about to leave Kampala where I was living, I went to the internet to look for Kenyan activists who could help me as soon as I

Conclusion Of forced LGBT immigrant youth, the UNHCR and her friends: The asylum regime in Nairobi led by the UNHCR has done a lot to protect asylum seekers and refugees who; are fleeing persecution on grounds of sexual orientation and gender identity. It is also true, that there has been an influx of those seeking protection on this ground(s). This has destabilized parts of the protection system and both sides (the asylum protection system and a section of the LGBT immigrants) live in a situation where, they do not know what comes next. We have seen and experienced this during arrests, demonstrations, through open protest letters, warning letters and systemic adjustments. For too long the UNHCR and some of her allies have reiterated that most of the most outspoken immigrants are; either not realistic, too much or not appreciating the privileges that comes with their protection needs. On the other hand LGBT immigrant youth have made allegations of systemic homophobia, biphobia and transphobia, xenophobia and; sometimes sanctions to control some of their activities. The UNHCR doesn’t come clean again this time and, the LGBT immigrant youth also have a few questions to answer. We understand the gut-wrenching choice between prioritizing a homeless gay John spending cold nights in a barber shop in Umoja, and a lesbian Amina living with homophobic cousins in Eastleigh. We should also understand the social and mental effects of asylum seeking in a crowded system, at a time when major resettlement destinations have been destabilized by the global migrant crisis. The city of Nairobi may be unsafe or not the best for now. And, people of good will shall continue to debate the best way forward for these LGBT immigrant groups in Nairobi. Either way, the solutions or decisions made should not abuse the rights of the LGBT immigrant youth, as social behavior cannot be an excuse to abuse the most basic provisions of human rights. It is also important to note that thanks to diverse socialization, people behave differently even at population and society levels and so, our way may not be the only way. Furthermore, Article 33 talks about free expression. It raises eyebrows when a system is thrown into panic mode when a handful of people get creative to simply exercise Free Speech (through demos, open letters etc.). 14

Of Native and immigrant LGBTIQ communities: Discrimination and stigma is not new to the native LGBT community. And so it is partly our moral responsibility not to offer others a treatment that we would find uncomfortable if roles were reversed. Also, some groups need to understand that the initials ‘LGBTIQ’ should not only be accepted together on paper, but also in practice. Some people who are gay and lesbian have too often intimidated or stigmatized those who identify as transgender, bisexual or queer. These acts of intimidation have happened in public social spaces and even within, some LGBTIQ safe spaces. This unsatisfactory practice of inclusion and equality has made some LGBTIQ immigrant youth and their friends uncomfortable. For instance, bisexual immigrant youth (even natives) have been labelled ‘pretenders’ or ‘confused.’ These notions have increased social withdrawal among bisexual immigrants and some of their friends and threatens integration. Some native LGBTIQ initiatives are also not being realistic about some of their objectives. For instance, HIV/AIDS and other sexually transmitted infections transcend nationality. When sexually active youthful people of different nationalities come together in a relatively smaller city such as Nairobi; protecting everyone, is the right thing to do since HIV transcends nationality. Otherwise, we will have to deal with a situation where a HIV-free group A, is affected by an unstable group C and the cycle may spiral out of control. While it is true that the LGBT immigrant youth need to be more tolerant and less dependent, we as the natives should observe the personal and social responsibility of treating others with dignity, and be as inclusive as we desire for ourselves. Some leaders or opinion-shapers within the native community should also not use their positions or influence to incite fear or intimidation of LGBT youth who may not conform to their personal school of thought. Of LGBT immigrant youth in Nairobi and their hosts: While the topic of asylum seeking and refugees may be well known within the asylum regime and some of their close networks, the larger host population in Nairobi remain largely ignorant. This has made some individuals in the host community of Nairobi to become increasingly curious with the influx in the recent past. As a result, we have seen motivated evictions, unlawful interrogation by neighbors and sometimes spying. This is despite previous attempts by some concerned agencies to foster integration. Most LGBT immigrant youth also have to live with the difficult choice between being their true selves and mimicking the natives for survival and acceptance. This existence of LGBT immigrant youth amidst people who do not know about immigration issues could be harmful (personally and socially) and some challenges such as motivated evictions may be recurrent.

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Way Forward Apart from the need for cooperation and an increase in action taken,

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It’s a great step to have equal and inclusive policy documents hanging on the walls of key institutions in Nairobi. It is time to put those equal and inclusive policies into practice.

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Kenya hosts the largest refugee population in the southern hemisphere. And so, it is only realistic that the resources channeled to UNHCRNairobi mission should match this fact. While there could be other immigration issues in other parts of the world with a similar need for protection, the Nairobi mission should stand with the facts of their region, and argue for the needs of their refugee population.

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Resettling every asylum seeker is not sustainable (hypothetically) and so; Agencies should actually sensitize host communities on immigration and cooperate with them in the implementation of integration measures. Keeping in mind that host communities are not NGO leaders only, but also the chiefs, landlords/landladies, property agents, community civil groups, community service providers and business communities in areas where immigrants are most-likely to be active or sheltered.

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Basic literacy and Life skills/Livelihoods projects should be activated. This will ensure that immigrants (such as Congolese) are equipped with communication skills and help develop power and agency in Nairobi or Kakuma. In addition, such projects have the ability to equip challenged LGBT immigrant youth with social skills as well as survival skills in an urban center such as Nairobi. Also, the protection system needs to be more open and candid about its own self to the asylum seeker and refugee community.

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What’s the role of the Law in protecting smaller LGBT migrant youth groups who are already threatened by a larger, phobic (straight) group? Whilst political correctness may come in handy and or be more promising, the Law stands firm against organized attacks, unlawful interrogation, bullying/intimidation and the likes. While YHEPP will support the course taken to control the LGBT immigrant situation in Nairobi; we choose the side of the weak. And, we will ensure that the course taken does not abuse the rights of LGBT immigrant youth.

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GROUP: PROJECT: PROJECT DURATION: PROJECT LOCATION: TARGET GROUP: CONTACTS:

Youth Health and Psychosocial support Program – [YHEPP]. Project Inform – [PI]. 11 months [2015]. Nairobi City County, Kenya. Forced immigrant youth of ages18-24. P.O. Box, 52695-00100. [email protected] +254728547757

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