A gay man’s story of persecution, fear, isolation and imprisonment in Gambia and Nigeria
March 12, 2015 /LGBT News/
Editor's note:
The information above is presented “as is” and “as available”,
and we expressly disclaim any liability for errors and omissions regarding
it.
The LGBT News welcomes letters from readers for possible
publication. Letters should be no more than 300 words. We are also interested
in your views on local, state, national and international LGBTQ issues. Columns
usually run 500 to 700 words. Email your letter/column (with photos where
possible) at info@lgbt-news.com
To gain exposure for your LGBTQ-related events, services or
products, please check our Submit a press release section.
My name is David Berihun Kohen and here is my story.
I was born on November 11, 1997 in Tortola, British Virgin
Islands (stateless) during vacation trips of my parents. My families are Beta
Israel/Ethiopian Jews from Gondar regions of Ethiopia.
My middle class families for generations lived in North
and North-Western Ethiopia in more than 500 small villages spread over a wide
territory among populations that were Muslims and predominantly Christians.
Mostly concentrated in the area around Lake Tana and North of its in the Tigray
regions; among the Wolqoyit, Shire and Tselement and Amhare Regions of Gondar
regions; among the Semien province, Dembia, Segelt, Belesa and Quare.
In the late 20th century, our Jewish
communities made contacts around the world with other Jewish communities,
followed by a massive aliya to Israel – under the law of return between 1979 –
1990. At that point in time, my young parents were faced with two most
important decisions (considering at that time secured a professional cooking
job aboard a cruise lines)
(a) Make Aliya from Ethiopia to Israel
(b) Work – travel aboard a cruise line and make aliya at
a later date.
My parents decided to work – travel aboard the cruise
vessels. But not long after that they were faced with challenges of raising a
family aboard a cruise lines. They abandoned the ship and headed to Gambia for
a lucrative private tutoring job.
Gambia
Gambia is an enclave country in West Africa mostly
surrounded by Senegal with a short strip of its coastline bordered by the
Atlantic Ocean at its western end. It is the smallest country on mainland
Africa. Its area is 10,689 square kilometers (4,127 square miles) with a
population of 1,882,450 at the April 15th 2013 census. Banjul is the
Gambian capital, and the largest cities are Serekunda and Brikama.
My parents reside in Banjul, providing private tutoring
to some of Gambian most richest families. On November 1997, my father took my
pregnant mother on a short trip to the Caribbean Island of British Virgin
Island. I was born November 11, 1997 in Tortola, British Virgin Islands. Since
none of my parents hold Belonger status of British Virgin Islands, I was not
eligible for citizenship. In essence I was born
stateless until I derived citizenship through Gambia. Raised in Banjul, Gambia along with my
sibling. We were all home schooled but unlike my siblings I graduated at the
age of 14 years through St. Augustine’s Senior Secondary School (All Boys
School) Banjul North, Gambia in 2011 with a presidential scholarship as a
gifted student to read medicine at School of Medicine and Allied Health
Sciences, University of Gambia, Serekunda, Gambia. However, that dream never
came to pass – because I was gay.
My Persecution in Gambia
Growing up gay in Gambia is the most difficult ever – I
officially came out to my closest friends and family in February 2006 but I
come out a little more every day – it’s a journey. I feel like my sexuality has
unfolded slowly, starting from the time I was home schooled. I remember playing
with my best friend and how it felt to kiss him when we intended to be husband
and wife. I remember getting dressed in gym with my home schooled classmates
and letting my eyes linger on their bodies for too long and then feeling like
something was wrong with me. I remember having a 15 years old boy friend, who
was gay, when I was 10 years old and how comfortable and right it felt to be
with another man. For a time I thought I was gay too but somewhere deep inside
it didn’t feel right – it’s still a journey. And now at 18 years old, after I
realized that I had more than “friendly” feeling towards one of my closest
friends, who came out a week before I did, I know that I am gay.
I now accept that fact that I am a man who loves other
men. I am gay and its okay. Coming out openly is supposed to be a beautiful
thing – a self realization and personal fulfillment but not in Gambia. When you
are gay or lesbian in Gambia, you are facing life in prison.
Examples in Gambia
LGBT persons in Gambia face legal challenges not
experienced by non LGBT residents – both male and female same, same-sex
activity being illegal in Gambia.
The Gambia Criminal Code, as amended by the Criminal Code
(Amendment) Act, 2009, provides as follows:
Section 144. Unnatural Offenses
1. Any
person who –
a)
Has carnal knowledge of any person against the order of nature; or
b)
Permits a male person to
have carnal knowledge of him or her against the order of nature; is guilty of
felony, and is liable to imprisonment for a term of 14 years.
2.
In this section – “Carnal
knowledge of any person against the order of nature “includes
a) Carnal
knowledge of the person through the anus or the mouth of the person;
b) Inserting
any object or thing into the vulva or the anus of the person for the purpose of
simulating sex; and
c) Committing
any other homosexual act with the person.
Section 147 states that if a man commits an “act of gross
indecency” with another man, he is liable to imprisonment for a term of five
years. The same applies to females who commit “acts of gross indecency” with
other females. The term ‘act of gross indecency’ includes any homosexual act.
Gambia President Yahya Jammeh said in May 2008 that laws
“stricter than those in Iran” would soon be introduced and vowed to “cut off
the head” of any homosexual caught in the country. On May 15, 2008 Jammeh gave
homosexuals 24 hours to leave the country. He also commanded “all those who
harbor such individuals to kick them out of their compounds, noting that a mass
patrol will be conducted on the instructions of the (Inspector General of
Police)--- and the director of the Gambia Immigration Department to weed bad
elements in society”. He said, “Any hotel, lodge or motel that lodges this kind
of individual, will be closed down, because this act is unlawful. We are in a
Muslim dominated country and I will not and shall never accept such individuals
in this country”.
In June 2008, two Spanish men alleged to be gay, Pere
Joan, 56 and Joan Monpserrat Rosa, 54, were arrested by Gambia police and
detained at Koto police station.
On 23 December 2008, Frank Boers, a 79 – year old man
from the Netherlands, was arrested at Banjul’s international airport when
officials found him in possession of pornography, including nude pictures of
himself and some Gambian men. A Banjul court found Boers guilty of indecency
with those men and sentenced him to pay 100,000 Gambian delasis (Euros 2,500)
in lieu of a two year prison sentence.
On 10 April 2012, a court remanded 18 of us alleged
homosexuals (16 from Senegal, 1 from the Gambia (David Berihun Kohen), and 1
from Nigeria. We were arrested on April 9 2012 at a bar in the Tourism
Development Area. We were “charged with indecent practice among themselves at a
Public Place”. According to the police testimony in court in July 2012, the
arrests were made because we were wearing women’s clothes, carrying handbags,
and “walking like ladies”. On August 2012, the prosecutor dropped all charges
for lack of adequate evidence in the case. As a result of this incidence my
scholarship to medical school was also revoked.
AMENDMENT TO GAMBIAN CRIMINAL CODE 2014
Criminal code of the Gambian was recently amended again
that creates a broad and vague offence of “aggravated homosexuality” punishable
by life imprisonment. The amendment to the criminal code was approved by the
National Assembly and signed into law by the President on 9 October 2014. It
targets among others, so-called “serial offenders” (meaning individuals with a
previous conviction for homosexuality), could be imprisonment for life.
So I decided to depart somewhere – anywhere but Gambia.
That was how I came to Nigeria.
PERSECUTION/LEGAL TROUBLES IN NIGERIA
Nigeria is often referred to as the "Giant
of Africa", owing to its large population and economy. With
approximately 174 million inhabitants, Nigeria is the most populous country in
Africa and the seventh most populous country in the world. Nigeria has one of
the largest populations of youth in the world. The country is inhabited by over
500 ethnic groups, of which the three largest are the Hausa, Igbo and Yoruba.
Regarding religion, Nigeria is divided roughly in half between Christians, who
live mostly in the southern and central parts of the country, and Muslims,
concentrated mostly in the northern and southwestern regions. A minority of the
population practice religions indigenous to Nigeria, such as those native to Igbo
and Yoruba peoples.
As a teenager, it’s difficult to travel to Nigeria from
Gambia but I got a surprise help from a good Samaritan who helped me escape
from Gambia so I can stay with my uncle who teaches at the Faculty of Science,
Abubakar Tafawa Balewa University, Bauchi State, Nigeria. Less than five months
later, we were arrested by Bauchi State Sharia Commission (State Penal Court
Charges – which carry a death penalty) and aiding and supporting gay
organization (federal charges) which carry 10 – 14 years in federal prison. We
were detained, beaten and arraigned before Bauchi State Sharia Commission Judge
in the morning of January 18th 2014 in Bauchi State, Nigeria. Most
of this were minors and have no legal representations. Various sentences were
handed down by the judge which including anywhere from flogging, 2 years
sentences but I was detained under special circumstances as a foreigner. The
evidence against me was overwhelming – computers, cell phones, pictures,
newsletters were collected from my apartment. Some of us were released, while
others went to prison, and I was handed over to the Nigeria Police Force and
subsequently transferred from Bauchi state to the care of Assistant
Commissioner of Police Mr. Rasak Abdullraheem, Criminal Investigation
Department, Airport Police Command, Murtala Mohammed International Airport,
Ikeja Lagos, on February 10 2014.
Gambia Embassy was notified of my arrest, detention and
charges. The Gambian authorities requested that I should be extradited from
Nigeria to Gambia so I can be tried under Gambian Laws as an aggravated
homosexual behavior. On March 5th 2014 I was granted bail and
released. Court date was set March 17th 2014 for extradition hearing
and consolidation of charges.
On March 17th 2014 I absconded. I skipped bail
for my safety rather than face life imprisonment in Gambia. I went into hiding
– running to safety.
Anti-gay and lesbian legislations in both Gambia and
Nigeria violate my fundamental human rights – among them the right to privacy,
to freedom from discrimination, from arbitrary arrest and detention. It adds to
the stigma, hate and death threats I face every day just because I am
different. I believe governments have a sacred duty to protect people from
prejudice, not to add to it.
My name is David Berihun Kohen and that was my story. A
story of systemic persecution, of mistreatment, sufferings, harassment, fear,
isolation and imprisonment just because I am different.
Editor's note:
The information above is presented “as is” and “as available”,
and we expressly disclaim any liability for errors and omissions regarding
it.
The LGBT News welcomes letters from readers for possible
publication. Letters should be no more than 300 words. We are also interested
in your views on local, state, national and international LGBTQ issues. Columns
usually run 500 to 700 words. Email your letter/column (with photos where
possible) at info@lgbt-news.com
To gain exposure for your LGBTQ-related events, services or
products, please check our Submit a press release section.
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