| For a summary of Kenya’s review at the second cycle please click here. |
8th UPR session
Date of review: 6 May 2010
Date of report adoption: 17 June 2010
Document number: A/HRC/15/8
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SUMMARY SOGIESC issues during Kenya’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life
32. Joint Submission 1 (JS1) recommended that Kenya bring its legislation into conformity with its international human rights obligations by repealing all provisions which criminalise sexual activity between consenting adults of the same sex. KSC further recommended that Kenya pass a comprehensive Anti-Discrimination Law affording protection to all individuals irrespective of their sexual orientation or gender identity.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
50. With regard to same-sex relationships, there had been serious intolerance because of cultural beliefs and overwhelming opposition to the decriminalization of such relationships, as observed during the constitutional review process. However, the Government did not support discrimination in terms of access to services.
62. Netherlands […] requested information about the implementation of proposed reforms under the Kenya National Reconciliation Accord and measures to make same-sex relationships more acceptable in society.
108. With regard to recommendations in paragraph 103.5 above, Kenya indicated that same-sex unions were culturally unacceptable in Kenya.
V. Conclusions and/or recommendations
Kenya noted the following recommendations:
103.5a Take concrete steps to provide for the protection and equal treatment
of lesbian, gay, bisexual and transgender persons (Netherlands);
103.5b Decriminalize same-sex activity between consenting adults (Czech Republic);
103.5c Repeal all legislative provisions which criminalize sexual activity between consenting
adults (United States of America);
103.5d Decriminalize homosexuality by abrogating the legal provisions currently punishing sexual relations between consenting individuals of the same sex, and subscribe to the December 2008 General
Assembly Declaration on sexual orientation and human rights (France).
VI. Further information
You will find all documents relating to Kenya’s first review at UPR-Info and OHCHR’s websites.