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ĢƵ rights in Africa 2023: Progress and setbacks

People march in celebration of ĢƵ rights at the annual Pride Parade in Johannesburg, South Africa, October 28, 2023. REUTERS/Sumaya Hisham

People march in celebration of ĢƵ rights at the annual Pride Parade in Johannesburg, South Africa, October 28, 2023. REUTERS/Sumaya Hisham

What’s the context?

Here are the key developments for ĢƵ rights in Africa in 2023

LAGOS - Across Africa, while court verdicts ensured rights for ĢƵ people in Kenya and Namibia, countries such as Uganda and Ghana doubled down on anti-ĢƵ legislation.

The year began with 32 of 54 African countries criminalising ĢƵ people, according to rights group Human Dignity Trust. Going into 2024, that number is down to 31.

Here are the significant updates from 2023.

Mauritius: The island country's highest court , striking down a  dating back to 1898.

Kenya: The east African country's Supreme Court in February affirmed the right of ĢƵ advocacy groups to register as NGOs.

Following the ruling, opposition member of parliament Peter Kaluma presented a  in May that would effectively undo the Supreme Court's decision by limiting ĢƵ people's rights of assembly, expression and demonstration. The bill is still in parliament and has not yet been passed.

Namibia: The Supreme Court  conducted outside the southern African country. In October, arguments were heard by Namibia's Supreme Court in a case challenging the constitutionality of laws banning sodomy and related offences. The court will deliver a judgment in May 2024.

Uganda: President Yoweri Museveni signed into law one of the  in May, including the death penalty for "aggravated homosexuality". The law allows for life imprisonment for certain offences involving same-sex intercourse, 20-year sentences for "" and up to 10 years for attempting to commit same-sex acts.

Ghana: The west African nation is poised to follow Uganda in enacting strict anti-ĢƵ legislation after its Supreme Court rejected an appeal to prevent the legislature from passing the bill into law. The , first introduced in 2021, will criminalise same-sex relations and transitioning gender, while advocating for ĢƵ rights could lead to a sentence of up to 10 years in prison.

Nigeria: Africa's most populous country saw  within three months in which a total of 145 people were detained for attending what authorities said were gay weddings.

Tunisia: An appeals court in January dropped the protracted prosecution of a gay rights activist, known as Daniel, ruling the case inadmissible due to . Tunisia retains  that continues to be used against ĢƵ people and activists in the country.

This story is part of a series supported by HIVOS's  programme.

(Reporting by Muhammed Akinyemi; Editing by Sadiya Ansari and Jon Hemming.)


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