The answer of the Netherlands on the anti lbgt laws in Africa
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| A rally was organised in New York against a controversial bill being proposed in Ghana's parliament that would make identifying as LGBTQIA or an ally a criminal offense punishable by up to 10 years in prison. © AP oktober 2021 |
Question 1 Are you familiar with the reports from the NOS about the proposed anti-LGBTI law in Ghana [1]?
Answer
Yes.
Question 2 Do you believe that the proposed legislation in Ghana is at odds with Dutch norms and values and the goals that the ministry has for it on the area of minority protection?
Answer
Yes, this development is at odds with what the Netherlands stands for as described in human rights policy, as well as on the principles of feminist foreign policy. The government is committed to feminist foreign policy to reduce inequality and strives for equal status worldwide men, women and non-binary people. It pays special attention to this for the position of lhbtiq+ persons.
Question 3 Have you already expressed your concerns about the new anti-LHBTI law through diplomatic channels in Ghana?
Answer
Yes. The Netherlands and Ghana have good bilateral relations, which means that there is room to put on the agenda all kinds of topics of mutual interest, such as our international obligations. In that context, there is regular dialogue on human rights and protection of minorities in general and also specifically in this context proposed law, both bilaterally and together with like-minded countries. The Netherlands mainly works with other countries in an Equal Rights Coalition context, as well with other like-minded countries and international organizations.
Wherever the bill is opportunely discussed with the parties most concerned,for example with parliamentarians who support the proposal, the chairman of the parliament and authorities such as the Minister of Justice. In an EU context, for example during the annual Ghana-EU partnership dialogue, the concerns about the anti-LGBTQI+ bill also discussed with the Ghanaian authorities.
The Netherlands also made the recommendation last January in the Human Rights Council to the Ghanaian authorities to protect every individual against violence and discrimination based on sexual orientation and gender identity.
Question 4 Can you provide an overview of the development funding that the Netherlands spends in Ghana?
Answer
Question 5 Can you provide an overview of which programs the Dutch government is involved in?concerned with law enforcement in Ghana?
Answer
The Netherlands has no programs related to law enforcement in Ghana.
Question 6 Do you believe, in response to news coverage of the recently adopted anti-LGBTI law in Uganda, that the Dutch government should play a proactive role play in expressing dissatisfaction with the proposed legislation in Ghana?
“nothing about them without them”
Yes and we do. The Netherlands plays together with international partners, including members of the Equal Rights Coalition, have long been active in it improving the position of LGBTIQ+ people in Ghana and expressing concerns about such legislation. This is of course the interests, the safety and the well-being of the LGBTQ+ community in Ghana comes first (“nothing about them without them”). Due to the vulnerable position of LGBTQ+ people in Ghana, the sensitivity of the subject, the autonomy of the Ghanaian parliament, and the sharp public debate, the cabinet is constantly looking at what support and approach will benefit the LGBTIQ+ community in Ghana the most. Local LGBTQ+ organizations request the Netherlands, in view of the above considerations to use silent diplomacy and not to make public statements.
Question 7 Are you willing to work with like-minded countries such as the United States and partners in the European Union, put more pressure on Ghana and other developing countries that are introducing or dealing with similar legislation?
Answer
Yes. The Netherlands prefers to work with like-minded people on similar issuescountries and organizations. This not only leads to a stronger signal but stimulates also a coherent response from donors.
Yes. The Netherlands prefers to work with like-minded people on similar issuescountries and organizations. This not only leads to a stronger signal but stimulates also a coherent response from donors.
Question 8 Do you believe that OS resources should be used as leverage to achieve this
kind of legislation?
Answer
The use of OS resources as leverage must be carefully considered on a case-by-case basis
be, taking into account expected effectiveness and unintended side effects. It can be a strong signal. At the same time should be avoid because of giving a signal to the government, especially the
population, which most programs target, is affected by discontinuation of OS programs. It is also important to realize that OS resources always have a long-term goal and that the Netherlands does not have bilateral budget support provided. Working together with other countries has the strong preference, as this increases the effectiveness of any measures.
Question 9 Do you believe that all OS resources should be stopped immediately if
the Ghanaian parliament passes this law?
Answer
No. A consideration of whether or not to stop OS resources should be carefully considered
happen and be critically tested for effectiveness and requires a broader consideration
side effects must also be taken into account. Virtually all OS resources for Ghana directly benefit private parties and organizations,luding organizations that support the LGBTQ+ community. In the scenario of
adoption of this law, it is precisely important that this support continues find. See also the answer to question 8.
In addition, passing the law by the Ghanaian parliament means no immediately that this law will actually come into force. Thus has the Ghanaian president the option not to agree to the law and this one
return it to parliament, or refer it to the Council of State.There is also the possibility that opponents will take legal action against the law. It is therefore important to look at which one at every step in the process action would be most effective.
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| Protesters picket against Uganda’s anti-gay bill at the Uganda High Commission in Pretoria, South Africa. Alet Pretorius/Gallo Images/Getty Images |
Question 10 Do you agree that the development of increasingly strict anti-LGBTI laws inAfrican countries is a worrying development that is at odds with the Dutch one OS targets? If so, is there a plan of action to respond appropriately and quickly this development?
Answer
Yes, LGBTIQ+ individuals and organizations worldwide are confronted with increasing restrictions, also in an increasing number of African countries. This is a very worrying development. In addition to the growing number of countries that legislate proposes to silence lhbtiq+ organizations, a number of them are acting governments against support from abroad for equal rights for lhbtiq+-persons. For example, in the (currently) 67 countries where consensual sexual relationships between persons of the same sex, or different gender identities, are punishable be made.
On the African continent there is a trend of anti-LGBTIQ+ legislative initiatives, where developments in different countries coincide to influence. The recently passed “Anti-Homosexuality Act” in Uganda is already cited as an 'example' by various parliamentarians in a few other countries.
The Netherlands is closely following these developments through our embassies, in coordination with like-minded countries (including through the Equal Rights Coalition) and through contacts with civil society. In doing so, the cabinet assembles with our partners in the different tools that we have at our disposal to have. Through strategic partnerships, LGBTIQ+ organizations in various African countries supported2, both financially and through capacity building and with diplomacy
Yes, LGBTIQ+ individuals and organizations worldwide are confronted with increasing restrictions, also in an increasing number of African countries. This is a very worrying development. In addition to the growing number of countries that legislate proposes to silence lhbtiq+ organizations, a number of them are acting governments against support from abroad for equal rights for lhbtiq+-persons. For example, in the (currently) 67 countries where consensual sexual relationships between persons of the same sex, or different gender identities, are punishable be made.
On the African continent there is a trend of anti-LGBTIQ+ legislative initiatives, where developments in different countries coincide to influence. The recently passed “Anti-Homosexuality Act” in Uganda is already cited as an 'example' by various parliamentarians in a few other countries.
The Netherlands is closely following these developments through our embassies, in coordination with like-minded countries (including through the Equal Rights Coalition) and through contacts with civil society. In doing so, the cabinet assembles with our partners in the different tools that we have at our disposal to have. Through strategic partnerships, LGBTIQ+ organizations in various African countries supported2, both financially and through capacity building and with diplomacy
Question 11 Can you explain with which countries the Netherlands maintains an OS relationship and where at the same time anti-LHBTI laws are in force or will be introduced soon?
Answer
As set out in the BHOS memorandum, the Netherlands maintains a partner relationship with 21 countries on the African continent, of which 10 countries with a broad OS relationship, 3 countries with a limited OS relationship, 6 so-called combi countries and 2 countries that fall into two categories. Uganda is one of this group of countries new and stricter anti-lgbtiq+ law in force. Preparations are underway in Ghana an advanced stage. However, anti-LGBTQ+ sentiments play a role in several
countries with which the Netherlands maintains an OS relationship; however, this has not yet
led to concrete steps towards stricter anti-lgbtiq+ legislation.
Question 12
Do you agree that there should be a difference in the strategic choices that the Netherlands
makes when it comes to Dutch tax money or otherwise equivalent trade relations?
Answer
A strategic assessment will have to be made for each individual case. It The Cabinet is committed to both development cooperation and equivalent cooperation trade relations, in line with the BHOS memorandum and the Africa strategy, in which the strengthening trade relations is an essential part. In the context of the trade relations, Dutch companies are free to do so within public frameworks there are, to make their own judgments. Entrepreneurs are informed via the RVO and the embassy, if they report to them, point out the importance of ICSR and any specific risks. The provision of information via the RVO websiteis regularly updated. Priority is currently being given to this of ICSR information for entrepreneurs, with specific attention to countries where the risks are greater. The information on the RVO country page on Uganda has now been updated
The government expects all Dutch companOECD Guidelines for Multinational Enterprisesies to aply exercise due care in line with the OECD Guidelines for Multinational Enterprises.If there is any use of trade and financing instruments
the Ministry of Foreign Affairs also has one proportional ICSR assessment. The vast majority of entrepreneurs who use making use of this set of instruments are SMEs that would not be able to participate without this support able to invest in African markets.
Question 13
How will the Netherlands ensure that we counter the trend of more hatred in Africa?
Fighting LGBTIs?
Answer
On the African continent, as well as beyond, is indeed a very worrying one trend of more hatred against the LGBTQ+ community. LGBTQ+ organizations and LGBTIQ+ people are targeted by human rights undermining actors, and hate is stoked online and offline. These sentiments are fed and exploited by a variety of conservative, religious, social and political forces, both domestic and abroad, that influence these sentiments to undermine human rights, specifically equal rights of LGBTQ+ people, and of achievements in the field of SRHR and gender equality.
The government will continue to make efforts through the aforementioned programs (see question 10).
for dialogue, greater understanding and practical support. We listen in on this in the first instance to the wishes and needs of LGBTQ+ people themselves. Awareness about cultural and local perceptions of lhbtiq+ people are also important here.How people think about human rights or LGBTIQ+ people differs per country and depends on various cultural, religious, economic, political and societal factors. At the same time, sensitivities should never be a reason for violating human rights. That is why it is important in the approach these factors are examined in relation to the human rights of lhbtiq+ persons and based on that the most effective approach – and the matching narrative – is chosen, always in consultation with local LGBTQ+ organizations It is especially important to keep in touch with and invest in the relationshipwith governments and other relevant parties. Emphasizing the universal character of human rights for all, including LGBTIQ+ persons and the disproving the image that this is a typical Western phenomenon is also important important. Sometimes it can help to supplement human rightsperspective, also mention a less sensitive angle, for example by express concerns about the impact of anti-LGBTQ+ legislation on safety and access to health care for LGBTIQ+, following the approach of large global HIV/AIDS organizations such as the Global Fund, UNAIDS and Pepfar (US).
Or by pointing out the consequences for the investment climate and the international business community, which also has a responsibility towards the own LGBTIQ+ employees, as Convening for Equality has done. Finally, we look at how southern countries with a more positive track record on lhbtiq+ can play a promoting role in preventing further continuation of the negative trend.
Question 14 How do we ensure that Uganda and Ghana do not set a precedent for other countries with which we have an OS relationship?
Answer
See questions 10 and 13.
Source
Comment
I agree with the foreign lbgt policy of the Netherlands aimed at an effective approach accordance in consultation with the lbgt organisatin in Africa. But i miss the specific approach as worden in an accepted resolution of the European parlement.
Some people in Africa are not looking for dialogue but just persuing their goal extermination of lbgt and their supporters in and outside the country with threasts to diplomats and all other foreigners who are in support of the lgbt cause. It is the right of Europe and USA to put them on a blacklist for financial transaction and visit to Europe and USA.
Some European and esp. American are promoting lbgt laws in Africa, These organisations should als be adressed directly and if needed sactioned by a black list for goverment support en be forbidden to travel to africa,
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